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(영문) 서울북부지방법원 2019.07.26 2019가단4448
대여금
Text

1. The defendant shall pay to the plaintiff KRW 77,60,000 as well as 20% per annum from October 29, 2009 to the day of full payment.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the plaintiff applied for a payment order against the defendant with the court 2009Gu9177, and the plaintiff applied for a payment order with the court 2009. Oct. 9, 2009 that "the defendant shall pay to the plaintiff 7,600,000 won and the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment." The above payment order was delivered to the defendant on Oct. 14, 2009, and the above payment order became final and conclusive on Oct. 29, 2009, and the plaintiff filed the lawsuit of this case for the interruption of the extinctive prescription of the claim under the finalized payment order.

According to the above facts, the defendant is obligated to pay to the plaintiff 77,600,000 won and damages for delay calculated at the rate of 20% per annum from October 29, 2009 to the date of full payment, as claimed by the plaintiff, unless there are special circumstances.

Thus, the plaintiff's claim of this case is justified and accepted.

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