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(영문) 부산지방법원동부지원 2020.02.14 2019가단6289
약정금
Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 12% per annum from August 7, 2019 to the date of complete payment.

Reasons

According to the purport of the entire pleadings as to evidence Nos. 1 through 3, the Plaintiff may recognize the fact that the Plaintiff lent KRW 200,000 to the deceased C (hereinafter “the deceased”) from July 3, 2015 to December 21, 2016, the Deceased died on September 22, 2017, and the Defendant, the deceased’s spouse, on October 17, 2017, prepared and issued a written confirmation to the Plaintiff that the Plaintiff would pay KRW 200,000,000 to the Plaintiff by December 31, 2018.

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 200,000,000 as well as damages for delay calculated at the rate of 12% per annum from August 7, 2019 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff.

(Plaintiff filed a claim for the payment of damages for delay calculated at the rate of 15% per annum, but “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” (wholly amended by Presidential Decree No. 29768, May 21, 2019; effective June 1, 2019; and Article 2 (2) of the Addenda of the same Act shall apply 12% per annum, which is the amended statutory interest rate, to damages for delay incurred after June 1, 2019. Therefore, a claim for damages for delay in excess thereof shall not be accepted.

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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