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(영문) 부산지방법원 2016.04.26 2015가단77461
대여금
Text

1. Defendant B’s KRW 90,600,000 and KRW 84,720,00 among them shall be from October 14, 2015 to the date of full payment.

Reasons

1. The Plaintiff’s mother to determine the claim against Defendant B: ① KRW 71 million on September 28, 2012; ② KRW 9 million on February 21, 2014; ③ interest rate of KRW 98 million on September 15, 2014; KRW 18 million on February 28, 2015; and KRW 84,720,000 on the loan principal remaining as of January 7, 2015 after being repaid only some of the money from the Defendant; and KRW 5,80,000 on July 21, 2015 to the Plaintiff; or the Plaintiff may be notified of the substance of the loan and the purport of the dispute between the parties to the loan and the Defendant during the period of repayment; and KRW 5,80,000 on July 21, 2015 to the extent that the dispute between the parties to the loan and the Defendant can be acknowledged as being transferred.

According to the above facts, Defendant B claimed for the payment of damages for delay based on statutory interest rate of 90,60,000 won under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 2, 2015 to July 2015, the total amount of the loan principal of 84,720,000 won from January 1, 2015 to July 2015 (the total amount of interest of 5,880,000 won from the loan principal) and the loan principal of 84,720,000 won from the loan principal to July 2015. However, the Plaintiff’s claim for damages for delay with respect to the interest already accrued is unjust since it is acknowledged that the Plaintiff’s claim for damages for delay is unjust.

As the Plaintiff seeks with respect to B, 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 14, 2015 to the date following the day when the original copy of the instant payment order was served to the above Defendant, as the Plaintiff seeks payment of damages for delay at the rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of complete payment. However, the main text of Article 3(1) of the Act on Special Cases concerning

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