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(영문) 서울중앙지방법원 2016.07.15 2014가단144168
예금
Text

1. The defendant,

A. 15,245,407 won to Plaintiff A and 1% per annum from April 28, 2012 to July 28, 2014, respectively.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) Gap evidence No. 1 and No. 2; and (c) the overall purport of the arguments as to the C representative director of this court’s request for the provision of financial transaction information as of March 14, 2016.

The defendant is a merchant who runs the business of receiving deposits and installment savings.

B. On April 27, 2007, Plaintiff A entered into a contract with the Defendant on a contract amount of 20,287,50 won, monthly installments of 300,000 won, interest rate of 2,287,500 won, interest rate of 5%, maturity date of 27 April 27, 2012, period of 60 months, accumulation date of 27 days, accumulation period of 1 month (hereinafter “instant contract”); and the said contract amount was set aside from April 27, 2007 to March 12, 2012, both monthly installments were set aside.

C. On May 8, 2007, Plaintiff B concluded a contract amount of KRW 20,287,50, monthly installments of KRW 300,00, interest rate of KRW 287,500, interest rate of KRW 5%, maturity of May 8, 2012, period of KRW 60, date of accumulation, August 8, 2012, August 8, 2012, 8, date of accumulation, eight days of accumulation, and one month of accumulation period of KRW 1 (hereinafter “instant second installment contract”); and Plaintiff B accumulated all monthly installments from May 8, 2007 to April 27, 2012.

2. Summary of the parties' arguments

A. The Defendant did not refund each of the instant installment savings to the Plaintiffs even though the maturity of each of the instant contracts was expired.

Therefore, the defendant is obligated to pay to the plaintiffs 20,287,500 won and the damages for delay at each rate of 6% per annum under the Commercial Act from the maturity date of each contract of this case until the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. (i) The Plaintiffs secured each of the instant installment savings to the Defendant.

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