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(영문) 서울북부지방법원 2015.11.26 2015가단30456
대여금
Text

1. The defendant shall pay to the plaintiff KRW 35,178,082 and KRW 21,00,000 among them, from September 1, 2008 to the day of full payment.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against the defendant as Seoul Northern District Court Decision 2005Da22890. The above court opened the date of conciliation on August 19, 2005 and paid 35,000,000 won to the plaintiff. The 10,000,000 won among them was until September 30, 2005, and 10,000,000 won was until October 31, 2005; 2,00,00,000,000 won was paid by the defendant until November 30, 2005; 2,00,00,000,000 won was paid by 30,000 won until December 30, 2005; and 3,000,000 won was paid by the defendant until the date of installment payment; and 3,000,000 won was paid by 30,000.6,208.

B. However, the defendant paid KRW 4,000,000 on September 30, 2005 and thereafter paid KRW 4,000,000 on August 31, 2008, and thereafter did not pay the remainder of the conciliation payment until then.

[Grounds for recognition] Gap evidence No. 1 and the purport of the whole argument

2. According to the above facts, the defendant is obligated to pay 14,178,082 won (=25,000,000 won x statutory delay damages rate of 20% x 1,035 days x 1,035 days / 365 days / 1,000 won ), 21,00,000, and 20% interest rate of 20% interest rate under the above adjustment clause from September 1, 2008 to the date of the last repayment as requested by the plaintiff, as agreed by the plaintiff. and 21,00,000,000; Presidential Decree No. 20420, Sep. 1, 2008>

Therefore, the plaintiff's claim of this case is justified, and all of them are accepted, and it is so decided as per Disposition.

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