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(영문) 서울중앙지방법원 2019.10.24 2019가합552518

대여금

Text

1. The defendant shall pay 230,000,000 won to the plaintiff and 12% per annum from August 14, 2019 to the day of complete payment.

Reasons

1. The Defendant, C, and D borrowed KRW 297 million from the Plaintiff on three occasions from June 15, 2018, and until August 14, 2018, the Plaintiff, the principal of which was KRW 297,000,000,000,000,000,000,000,000 won as the principal, and the damages for delay.

However, the Defendant, C, and D, on December 17, 2018, did not pay the remainder of KRW 100 million out of the above KRW 330 million and did not repay the remainder. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 230 million ( KRW 330 million - 100 million) and 15% per annum from the day after the Defendant was served with the original copy of the payment order until the day of complete payment.

2. Judgment without holding any pleadings (Articles 257 (1) and 208 (3) 1 of the Civil Procedure Act);

3. The portion of partial dismissal of the Plaintiff claimed damages for delay calculated at the rate of 15% per annum from the day after the original copy of the payment order was served. However, as the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended by Presidential Decree No. 29768 on May 21, 2019, pursuant to Article 2(2) of the Addenda (Presidential Decree No. 29768, May 21, 2019) and the pleading is terminated after May 31, 2019, 15% per annum, which is the statutory interest rate under the previous provisions, until May 31, 2019, and 12% per annum, which is the statutory interest rate under the amended provisions, from June 1, 2019 to the date of the closing of argument as referred to in Article 2(2) of the Addenda as of May 21, 2019.