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(영문) 제주지방법원 2016.05.27 2015가단11884

대여금

Text

1. As regards Defendant B’s KRW 97,00,000 and its KRW 95,000 among them, Defendant B shall be from September 12, 2013 to the date of full payment.

Reasons

Basic Facts

A. The Plaintiff entered into a mortgage agreement with Defendant B on April 27, 2012 at the rate of 39% per annum, 30 million won per annum, until June 30, 2012, 39% per annum, 39% per annum, 30% per annum, 30% per annum, 40% per annum, 30% per annum, 30% per annum, 40% per annum, 20% per annum, 30% per annum, 40% per annum, 30% per annum, 30% per annum, 40% per annum, 40% per annum, and 20% per annum, 30.5% per annum, 205% per annum, 30% per annum, 40% per annum, and 40% per annum, 20.39% per annum, 205% per annum, and 40% per annum, respectively, per annum, 2013.

B. On July 2, 2014, Defendant B entered into a contract to sell the instant vessel to Defendant C, and completed the registration of ownership transfer on the same day. At the time, Defendant B was in excess of the obligation, and the instant vessel was the sole property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 and 10, and judgment as to the plaintiff's claim against defendant B

A. According to the above facts, as to the Plaintiff’s total amount of KRW 97,00,000 and KRW 95,000,00 among them, Defendant B is obligated to pay the Plaintiff damages for delay at the rate of KRW 39% per annum, which is the rate of 39% per annum, from September 12, 2013 to the date of full payment, with respect to KRW 2,00,000, which is the rate of KRW 34.9% per annum, from September 25, 2014 to the date of full payment.

(Plaintiff’s claim for the payment of damages for delay at the rate of 39% per annum for KRW 2,00,000, but there is no evidence to acknowledge it, and the Plaintiff’s claim for the payment of damages for delay exceeding the rate of 34.9% per annum is without merit).

Applicable provisions of Acts: Article 208(3) of the Civil Procedure Act.