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(영문) 서울중앙지방법원 2018.08.30 2018가합521913

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 962,213,570 and the amount of KRW 258,345,096 from January 24, 2018 to the date of full payment.

Reasons

1. The grounds for application for the indication of the claim are as shown in attached Form;

(2) On January 24, 2018, the Plaintiff claimed payment of 258,345,096 won of the balance of the loan principal of this case from January 24, 2018 to the date of full payment. However, according to the Plaintiff’s evidence No. 1, the agreed interest rate for delay after November 9, 2017 is only 21.25% per annum, and there is no evidence to deem that the agreed interest rate for delay after January 24, 2018 was 23.25% per annum or damages equivalent to the agreed interest rate for delay damages to the Plaintiff.

Therefore, the part that exceeds the damages for delay calculated at the rate of 21.25% per annum, which is the damages for delay, from January 24, 2018 to the date of full payment, for the remaining amount of the loan principal of this case claimed by the Plaintiff, exceeds the damages for delay calculated at the rate of 21.25% per annum, which is the damages

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