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(영문) 서울북부지방법원 2020.07.08 2019가단154749

보증금반환

Text

1. The Plaintiff:

A. Defendant B shall pay KRW 48,000,000 and KRW 3,000,000 among them from February 5, 2020 to the date of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act, based on which recognition is recognized.

3. The Plaintiff partially dismissed the Plaintiff seek interest of KRW 3,00,000 lent to Defendant B at the rate of 5% per annum from December 21, 2018 on the following day of the lending date to the delivery date of a copy of the instant complaint.

However, since the loan for consumption under the Civil Act is in principle an interest-free interest rate, there was a interest payment agreement on the loan.

Unless there exist special circumstances, such as that the above loan was a monetary loan between merchants, Defendant B is liable to pay only the damages for delay from the day following the delivery date of the copy of the complaint of this case with respect to the above loan, and cannot be deemed to have been liable to pay interest prior to the transfer.

The plaintiff's claim for this part is dismissed as it is without merit.