대여금
1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual rate from January 1, 2017 to June 16, 2017.
1. The Plaintiff, on April 20, 201, lent KRW 200,000,000 to the Defendant on December 31, 2016 as due date for repayment, determined and lent KRW 100,000,000 to the Defendant on July 1, 2016.
2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);
3. Part for partial dismissal; and
A. Since the maturity period of each of the instant loans on December 31, 2016 is December 31, 2016, the Plaintiff’s claim seeking damages for delay from April 20, 2016, and July 1, 2016, respectively, to December 31, 2016, respectively, is without merit.
B. As above, part of the damages for delay claimed by the Plaintiff is not recognized. As to the total amount of KRW 300,000,000 in each of the instant loans, the part that exceeds 5% of the damages for delay from April 14, 2017, which is the day following the day on which a copy of the complaint of this case was served, to June 16, 2017, which is the day on which the Defendant rendered the decision, is able to resist the existence and scope of the obligation.
C. In light of the amendment of the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the portion exceeding 15% of the damages for delay from June 17, 2017 to the date of full payment, which is the day following the day when the judgment of this case is rendered, is without merit.