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(영문) 광주지방법원 2016.09.09 2015가합1392
대여금
Text

1. The Defendant’s KRW 244,530,79 as well as the Plaintiff’s KRW 20% per annum from October 9, 2013 to September 30, 2015.

Reasons

1. The facts that the Plaintiff leased KRW 300,00,000 to the Defendant on March 15, 201, with a maturity of KRW 20% on March 14, 201 and interest for arrears at a maturity of 20% on March 14, 2012 are without dispute between the parties concerned (the Defendant, upon having stated a preparatory document as of June 10, 2015 on the date of the first pleading, made a confession of the above lending, and asserted to the effect that it should be revoked on the third date of pleading, and according to the testimony as of the witness B, it is reasonable to view that the Plaintiff was not a loan of KRW 300,00,000,000, which was paid to the Defendant for the purchase of the Plaintiff’s medicine, but it is difficult to recognize that the confession was void due to the above mistake only by the evidence presented by the Defendant, and the Plaintiff was repaid from Defendant 6, 198, 196.

Therefore, under Article 479(1) of the Civil Act, the Defendant, barring special circumstances, was partly repaid to the Plaintiff KRW 149,660,99, which was partially repaid by the Defendant to the Plaintiff, KRW 149,660,981, which was partially repaid by the Defendant, was appropriated from March 15, 2012, which was the day following the due date pursuant to Article 479(1) of the Civil Act to October 8, 2013 as interest KRW 94,191,780, which was partially repaid, and KRW 55,469

For this, from October 9, 2013 to September 30, 2015, the day following the date of partial repayment, the statutory interest rate of the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) is 20% per annum as stipulated under the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015), and the interest rate of the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc.

2. On October 8, 2013, the Defendant rendered a judgment on the Defendant’s defense, both the principal amounting to KRW 300,000,000, and damages for delay up to that point, KRW 94,191,780, respectively, to the Plaintiff.

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