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(영문) 서울중앙지방법원 2015.02.04 2014가합54132

대여금

Text

1. The Defendant’s KRW 230,000,000 as well as the annual rate of KRW 5% from September 17, 2004 to January 3, 2015, and the following.

Reasons

1. Indication of claim;

A. On July 27, 2004, the Plaintiff set the due date of KRW 150,000,000 to the Defendant as one month, and respectively set the due date of KRW 80,000,000 to the Defendant within one month on August 17, 2004.

B. Therefore, the Defendant is obligated to pay to the Plaintiff 230,000,000 won in total of the above loans and damages for delay calculated by the rate of 5% per annum under the Civil Act from September 17, 2004, which was served by the instant complaint, to January 3, 2015, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, as the Plaintiff seeks.

(2) The Plaintiff asserted that the Defendant agreed to pay the interest rate of 3% per month and sought payment of the amount calculated at the rate of 25% per annum on each of the above loans from September 17, 2004 to the date of full payment. However, there is no evidence to acknowledge the fact of the interest agreement, and the Plaintiff’s above assertion exceeded the above recognition is without merit.