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(영문) 대전지방법원홍성지원 2019.08.20 2019가단1084

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 41,00,000 and the interest rate of KRW 12% per annum from June 12, 2019 to the day of complete payment.

Reasons

1. The Plaintiff, from around 2015 to September 2017, lent a total of KRW 41 million to the Defendant.

On September 22, 2017, the Defendant prepared a notarial deed of a monetary loan agreement between the Plaintiff and the Plaintiff on a deposit basis with the effect that, from October 20, 2017, the Defendant would make installment reimbursement of KRW 41 million, but if the contractual provisions were violated, the Defendant would lose the benefit of the time and immediately pay the full amount of the obligation.

Since the Defendant did not pay the Plaintiff a debt at one time, the Plaintiff sought against the Defendant the payment of the loan principal of KRW 41 million and damages for delay from the day after the payment order of this case was served in accordance with the content of the notarial deed.

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

3. Since the interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Dismissal is changed to 12% per annum from June 1, 2019 (see the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), part of the claim seeking damages for delay by 15% per annum is dismissed.