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(영문) 서울남부지방법원 2015.10.29 2015가합4833

약정금

Text

1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual interest from June 1, 2010 to September 17, 2015, and the following.

Reasons

1. The plaintiff to indicate the claim lent KRW 300,000 to the defendant.

On December 4, 2009, the Defendant agreed to pay the Plaintiff KRW 5,000,000 each month from June 201 to December 2010, 201, KRW 10,000,000 each month from January 201 to December 201, and KRW 15,00,000 each month from January 201 to October 2012, the Defendant agreed to pay the Plaintiff the amount of the loan, including the statutory interest, if any, in arrears.

2. Grounds for recognition: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Some dismissed parts of the Plaintiff claim for damages for delay at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery date of the duplicate of the instant complaint to the day of full payment. However, the statutory interest rate of 20% per annum under the former Provisions (amended by Presidential Decree No. 26553, Sep. 25, 2015) shall apply from September 18, 2015 to September 30, 2015, the day following the delivery date of the duplicate of the complaint pursuant to Article 2 (2) of the Addenda of the Regulations on Special Cases concerning Expedition, etc. of Legal Proceedings (hereinafter “Rules on Legal Proceedings”). Since the statutory interest rate of 15% per annum under the amended provisions from the next day to the day of full payment, the part exceeding the interest rate for delay damages claimed by the Plaintiff is without merit.