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(영문) 의정부지방법원고양지원 2020.11.11 2020가단90236

대여금

Text

1. The Defendant’s KRW 50,000,000 and its amount shall be 5% per annum from November 13, 2019 to September 16, 2020 to the Plaintiff.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. According to the records of partial dismissal, the Defendant’s repayment period of KRW 50 million against the Plaintiff is November 12, 2019. The initial date in reckoning damages for delay with respect to the instant borrowed loan obligations is November 13, 2019, following the due date.

Therefore, the part claiming damages for delay on the day of November 12, 2019 against the borrowed debt among the claims in this case is without merit.

In addition, the Plaintiff claimed for the payment of damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act for the amount of 50 million won lent to the Defendant. However, there is no evidence to acknowledge that the Defendant’s above loan obligation is due to commercial activity. Therefore, the part exceeding the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act among