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(영문) 전주지방법원 2016.01.26 2015가단13418

대여금

Text

1. The Defendant’s KRW 26,00,000 as well as 20% per annum from May 29, 2015 to September 30, 2015 to the Plaintiff.

Reasons

If Gap evidence Nos. 1, 2, and 4 added the purport of the whole pleadings to the defendant, the plaintiff's 23,000,000 won on March 21, 2013, and 1,50,000 won on April 28, 2014; and

5. 27.500,000 won, and the same year.

6. The fact that the Plaintiff remitted total of KRW 26,00,000,000 (i.e., KRW 23,000,000,000) (i.e., KRW 1,500,000; KRW 1,000,000) to the Defendant from March 2015, and the Defendant agreed to demand the payment to the Defendant from March 19, 2015, and the Defendant agreed to pay the amount to the Plaintiff on April 19, 2015. In addition, in these factual relations, the Defendant either borrowed the above KRW 26,00,000 from the Plaintiff or borrowed at least KRW 26,00,00,00 from the Plaintiff, and the Defendant agreed to demand the payment to the Defendant on April 19, 2015.

4. On May 19, 19, the Defendant agreed to repay the above amount to the Plaintiff. As such, the Defendant is obligated to pay to the Plaintiff the amount of the loan or the agreed amount of KRW 26,00,000 with 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 29, 2015 to September 30, 2015, which is the day following the delivery date of the written complaint of this case, and with 15% per annum as stipulated in the above Act, from the next day to the day of full payment.

(1) The Plaintiff filed a claim for the payment of damages for delay at the rate of 20% per annum for the period after October 1, 2015. However, since the statutory interest rate as stipulated in the main sentence of Article 3(1) of the said Act was amended by Presidential Decree No. 26553 to 20% per annum to 15% per annum from October 1, 2015, the Plaintiff’s claim for the payment of damages for delay exceeding 15% per annum is rejected. Thus, the Plaintiff’s claim in this case is justified within the scope of the above recognition, and the remainder of the claim is dismissed for reasons without merit. It is so decided as per Disposition.