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(영문) 전주지방법원남원지원 2020.02.05 2019가단693

대여금

Text

1. The defendant shall pay 40 million won to the plaintiff and 12% per annum from August 15, 2019 to the day of complete payment.

Reasons

On November 8, 2011, the Plaintiff: (a) determined the due date for repayment of KRW 40 million to the Defendant on March 3, 2012; and (b) lent the amount at 18% per annum.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40 million and damages for delay calculated at the rate of 12% per annum from August 15, 2019, which is the day following the delivery date of the complaint, to the day of full payment, as the Plaintiff seeks.

The part of the claim for damages for delay exceeding the rate of damages for delay under the Act on the Promotion, etc. of Litigation is rejected.

The plaintiff's claim is legitimate within the scope of the above recognition, so it is accepted only, and the remaining claims are dismissed.

[Inasmuch as the Defendant received notification of the date by public notice pursuant to Articles 194 through 196 of the Civil Procedure Act and did not appear on the date of pleading, only the matters necessary to specify the claim pursuant to Article 208(3)3 of the Civil Procedure Act shall be written in the reasoning of the judgment]