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(영문) 울산지방법원 2019.10.17 2019가합841
대여금
Text

1. The defendant shall pay 350,000,000 won to the plaintiff and 12% per annum from August 9, 2019 to the day of complete payment.

Reasons

1. Indication of the request (personal part);

A. On August 7, 2016, the Plaintiff: (a) determined the period of repayment of KRW 380 million to the Defendant on October 15, 2016; and (b) the remaining KRW 350,000 as of January 20, 2017, respectively.

B. Therefore, the Defendant is obligated to pay damages for delay at the rate of 12% per annum from August 9, 2019 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff, to the Plaintiff, from August 9, 2019 to the day of full payment.

2. The Plaintiff seeking payment of damages for delay at the rate of 15% per annum for the period from the day after the delivery of the complaint of this case to the day of full payment. However, as the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings was amended after May 31, 2019, where pleadings are concluded after May 31, 2019, 12% per annum, which is the statutory interest rate under the amended provisions, shall apply. Thus, the Plaintiff’s claim for payment of damages for delay exceeding 12% per annum from August 9, 2019 to

3. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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