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(영문) 서울중앙지방법원 2015.10.30 2015가단133578

대여금

Text

1. The defendant shall pay to the plaintiff KRW 42,00,000 as well as KRW 14,00,000 among them, from October 1, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. In the instant case, “the Defendant shall pay to the Plaintiff 14,00,000 won and interest thereon at the rate of 5% per annum from January 17, 2002 to October 5, 2005, and 20% per annum from the next day to the day of full payment” was finalized.

B. The Plaintiff seeks to pay to the Defendant 42,00,000 won (i.e., principal of KRW 14,000,000 for delay damages of KRW 28,000 for delay damages of KRW 14,000 for delay) and the interest rate of KRW 20% per annum from October 1, 2015 to the date of full payment.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Partial dismissal.

A. The Plaintiff claimed damages for delay on the total sum of principal and interest, but the subject of damages for delay is 14,000,000 won per principal.

Meanwhile, the provisions on statutory interest rates under the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings were promulgated on September 25, 2015, and the statutory interest rate from October 1, 2015 is 15% per annum.

B. Therefore, the Defendant is obligated to pay to the Plaintiff 42,00,000 won with 14,000,000 won with 15% interest per annum from October 1, 2015 to the date of full payment.

The plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.