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(영문) 서울남부지방법원 2017.04.28 2017가합100568

대여금

Text

1. The Defendant shall pay the Plaintiff KRW 600,000,000 and the interest rate of KRW 15% per annum from February 8, 2017 to the date of complete payment.

Reasons

1. On March 31, 2014, the Plaintiff indicated the claim and lent KRW 600,000,000 to the Defendant on the condition that the Defendant was provided with unlisted stocks equivalent to KRW 600,000,000,000, which are owned by the Defendant, as security, on December 31, 2014.

However, on December 31, 2014, the Defendant failed to repay the above loan and requested the Plaintiff to postpone the repayment date. On September 10, 2015, the Plaintiff extended the repayment period on December 31, 2015.

On December 31, 2015, the due date for payment extended by the Defendant, and again requested the Plaintiff to postpone the due date for repayment. On February 2, 2016, the Plaintiff extended the due date for payment of the above loan to June 30, 2016.

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from February 8, 2017 to the day of full payment, which is the day following the day when the above loan 60 million won and the duplicate of the instant complaint were served on the Defendant.

2. Article 208 (3) 3 of the Civil Procedure Act of the applicable Act;