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(영문) 광주지방법원 2017.01.18 2016나6633
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. By means of the reduction of claims in the trial.

Reasons

1. According to the overall purport of evidence Nos. 1, 2, and 4 as well as the entire pleadings, the fact that the Plaintiff leased KRW 10 million to the Defendant on April 4, 2012 as the due date for repayment on October 31, 2012 can be acknowledged. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from September 1, 2014, the Plaintiff sought against the Plaintiff, and from September 1, 2014, to March 8, 2016, the payment of damages for delay calculated by the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The plaintiff's claim is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

However, according to the reduction of the claim in the trial court, Paragraph 1 of the decision of the court of the first instance was changed in accordance with Paragraph 3 of the decision.

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