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(영문) 서울중앙지방법원 2014.02.26 2013가단234446

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 35,224,608 and a rate of KRW 20% per annum from December 8, 2013 to the date of complete payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(However, “creditor” refers to “Plaintiff” and “debtor” as “Defendant”. 2. Service by public notice (Article 208(3)3 of the Civil Procedure Act). On March 3, 201, the Plaintiff seeking payment of damages for delay calculated at the rate of 5% per annum from September 8, 2012 to the service date of the original copy of the instant payment order, the following day of the loan. However, the damages for delay due to delay of the monetary obligation occur from the next day of the due date.

However, even according to the plaintiff's assertion, the defendant agreed to repay the loan upon the plaintiff's request for return.

Therefore, there is no evidence to prove that the plaintiff filed a claim against the defendant prior to the delivery of the complaint of this case, and there is no ground for this part of the damages for delay.