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(영문) 대전지방법원 2016.08.25 2016가단4126

대여금

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1. The Defendant: (a) KRW 67,900,000 and the Plaintiff’s KRW 5% per annum from June 6, 2010 to April 20, 2016; and (b) April 21, 2016.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “insured”.

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

3. Part 1) The provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553) that reduces the statutory interest rate from 20% per annum to 15% per annum under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings is amended and promulgated as of September 25, 2015 and enforced from October 1, 2015. As such, the part exceeding the above recognition scope is dismissed. 2) If a creditor claims for foreign currency claims, which are monetary claims designated in foreign currency, in Korean currency, the court orders the debtor to perform such claims, the court shall set the standard time frame for converting foreign exchange at the time of the closing of arguments at the fact-finding court, which is nearest when the debtor executes the claim into Korean

In this case, on July 14, 2016, which was the date of the closing of argument in this case, since the standard ratio of sale and purchase on July 14, 2016, 169.75 won for the first bill was publicly announced, the Defendant’s 400,000 won to be paid should be calculated according to the above exchange rate (i.e., 400,000 won x 169.75 won).

Therefore, the part of the plaintiff's claim of this case exceeding the above 67,90,000 won is dismissed as it is without merit.

3 Since the due date on June 5, 2010 is due on June 5, 2010, damages for delay occurs from June 6, 2010, which is the following day, and thus, the part claiming damages for delay on June 5, 2010 is dismissed.