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(영문) 수원지방법원 2014.11.28 2014가단23573

대여금

Text

1. The Defendant shall pay 10 million won to the Plaintiff, as well as 5% per annum from March 18, 2014 to November 28, 2014, and from the next day.

Reasons

A. Since the Defendant borrowed KRW 100 million from the Plaintiff on November 23, 2013 does not dispute between the parties, or is recognized according to the respective statements in Gap 1 through 4, the Defendant is obligated to pay to the Plaintiff 10 million won and 5% per annum under the Civil Act from March 18, 2014, the following day following the delivery of the complaint, as the Plaintiff seeks, until November 28, 2014, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. However, the Plaintiff claimed 20% of the annual damages for delay as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day after the delivery of the complaint to the day of full payment. However, according to the evidence No. 1, it is recognized that the repayment period of the above debt was set on November 22, 2014, and the Defendant asserts this issue, and the Defendant’s defense is well-grounded, and thus, the Defendant’s dispute is reasonable. Accordingly, the damages for delay by 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings,

C. Therefore, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.