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(영문) 서울서부지방법원 2019.04.12 2019가단203340

구상금

Text

1. The Defendant: (a) KRW 51,310,370 for the Plaintiff and 12% per annum from November 9, 2013 to August 31, 2015; and (b) September 1, 2015 for the Plaintiff.

Reasons

Attached Form

The facts stated in the cause of the claim (the “creditor” is the Plaintiff, and the “debtor” is the Defendant) do not conflict between the parties, or are recognized by the statements in the evidence Nos. 1 through 6.

Therefore, the Defendant is obligated to pay to the Plaintiff 51,310,370 won and its delay damages at each rate of 12% per annum, which is the agreed delay damages from November 9, 2013 to August 31, 2015, 8% per annum, which is the agreed delay damages from September 1, 2015 to January 2, 2019, which is the delivery date of the original copy of the payment order in this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the full payment date.

In this regard, the Defendant asserts that the full amount of the loan was prevented by dividing the considerable amount of the loan into loan Brers and paying the loan in full even if the loan was not always used. However, this circumstance alleged by the Defendant does not constitute a justifiable ground for refusing the above payment obligation against the Plaintiff. Therefore, the Defendant’s assertion is without merit.

If so, the plaintiff's claim shall be accepted with due cause, and it is so decided as per Disposition.