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(영문) 수원지방법원안산지원 2016.04.08 2014가단14139
대여금
Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual 20% from May 24, 2014 to September 30, 2015, and the following.

Reasons

1. In addition to the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff loaned KRW 50,000,000 to C on May 8, 2002, with the maturity of payment fixed on December 31, 2002, and C’s who is the arbitr D (hereinafter “the deceased”) guaranteed the above obligation to return the loan to the Plaintiff, and the Defendant, the husband, as the husband, inherited the deceased on January 28, 2014.

According to the above facts, the Defendant, the inheritor of the deceased, is obligated to pay the Plaintiff 50,00,000 annual interest rate of 20% per annum from May 24, 2014 to September 30, 2015, which is the day after the delivery of a copy of the complaint of this case, to the day after September 24, 2015, Article 2(2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3(1) main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) and to pay damages for delay calculated at the annual interest rate of 15% per annum from the next day to the day after full payment is made.

(1) The Plaintiff filed a claim for the payment of damages for delay calculated at the rate of 20% per annum from October 1, 2015 to the date of full payment. However, in cases where the argument is concluded after October 1, 2015, the statutory interest rate of Article 3(1) main sentence of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings was amended, and the pleading is concluded after October 1, 2015, the annual interest rate of 15% shall apply from October 1, 2015. As such, the Plaintiff’s assertion in excess of the above recognized portion is without merit).

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