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(영문) 부산지방법원 2016.02.17 2015가단43338

대여금

Text

1. As to KRW 55,050,000 and KRW 25,000 among the Plaintiff, Defendant C shall pay to the Plaintiff the year from August 13, 2015 to September 30, 2015.

Reasons

1. The following facts regarding the claim against Defendant C were led to confession by Defendant C at the third date for pleading.

On March 10, 1994, Defendant C promised to pay to the Plaintiff interest of KRW 25,000,000 per month in 1994 and KRW 150,000 per month in 195.

From around the above time to February 2, 2015, Defendant C paid the Plaintiff KRW 7,900,000 in total as interest terms, and the interest rate of KRW 30,050,000 as of May 31, 2015 remains.

Therefore, Defendant C is obligated to pay 20% annual interest rate of KRW 50,000 as of May 31, 2015 (i.e., interest rate of KRW 30,050,000 as of May 31, 2015) and KRW 25,00,000 as to the loan interest of KRW 25,00 from August 13, 2015 to September 30, 2015 following the day when the duplicate of the complaint of this case was served on the above Defendant, and to pay 20% annual interest rate of KRW 30,05,00 as of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 2653, Sept. 25, 2015); and 30% annual interest rate of KRW 25,055, etc. as prescribed by Presidential Decree No. 25151, Feb. 15, 2015).

[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 (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective October 1, 2015) and Article 2(2) of the Addenda of the same Regulation provide that with respect to the statutory interest rate for cases in which the first instance trial proceedings have not been concluded, which are pending in the court at the time of the enforcement of the above provisions, the interest rate under the previous provisions (20% per annum) until September 30, 2015 shall apply until September 30, 2015, and from October 1, 2015, the interest rate under the amended provisions of the above provision (15% per annum) shall be stipulated.