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(영문) 광주지방법원 2019.08.14 2018가단28711

대여금

Text

1. The Defendant’s KRW 76,00,000 as well as the Plaintiff’s annual rate from July 6, 2018 to December 28, 2018, and the following.

Reasons

Basic Facts

On May 15, 2017, the Plaintiff lent KRW 76,000,000,000 to the Defendant who made a high-ranking job offering, and KRW 30,000,00 on August 22, 2017, and KRW 30,000 on January 31, 2018, and KRW 6,00,000 on July 6, 2018.

In September 9, 2017, the Plaintiff stated that the Plaintiff received KRW 500,00 from the Defendant as interest on May 15, 2017, the Plaintiff paid KRW 500,000 as interest. However, in light of the statement in subparagraph 1 (the details of passbook transactions), the Plaintiff appears to be a clerical error on May 15, 2017, as of September 9, 2017.

500,000 won and November 11 of the same year received 500,000 won.

[Ground] In light of the facts without dispute, Gap evidence Nos. 1 and the purport of the entire pleadings, determination of the cause of the claim by this court, the above facts are as follows: (a) the defendant acknowledged the existence of loans in the reply, and provided that “the situation where the interest of 5% per annum is not capable of repaying the interest of 76,000,000 won as stated in the purport of the claim,” barring any special circumstance, the defendant is obligated to pay to the plaintiff 76,000,000 won with the annual interest rate of 5% per annum from July 6, 2018 to December 28, 2018; and (b) the annual interest rate of 5% per annum from the next day to May 31, 2019 to the next day as stipulated in the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).

The Plaintiff claimed damages for delay calculated at the rate of 15% per annum from June 1, 2019 to the date of full payment with respect to KRW 76,000,000. However, the legal interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is stipulated as above.