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(영문) 서울동부지방법원 2015.12.04 2015가단22046
대여금
Text

1. The defendant shall pay to the plaintiff KRW 28,00,000 as well as 4% per annum from January 27, 2014 to June 9, 2015 and the next day.

Reasons

Comprehensively taking account of the overall purport of Gap's statement and arguments as to the cause of the claim, the plaintiff entered into a monetary loan agreement (hereinafter "the contract in this case") with the defendant and Syania Co., Ltd. (hereinafter "Syania") on January 27, 2014, which provides that the plaintiff shall lend money to the defendant at least 36 million won as a business fund in the 42-1st century, the time limit for repayment, until July 31, 2014, and at least 4% interest rate, and thereafter lend the money to the defendant at that time.

Meanwhile, the Plaintiff is a person who received reimbursement of KRW 28 million in total, including KRW 5 million on March 31, 2014 and KRW 3 million on May 30, 2014. As such, the Defendant is obligated to pay the Plaintiff the remainder of the loans (i.e., KRW 36 million - KRW 8 million) and the interest and delay damages therefrom, which are the date of the instant contract, from January 27, 2014, which is the date of delivery of a duplicate of the complaint of this case, to June 9, 2015, the agreed interest rate of KRW 4% and the delay damages rate of KRW 20% per annum under the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings before Amendment until September 30, 2015, and the next day to the date of complete payment, to the date of full payment, at each rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Facilitation, etc. of Legal Proceedings.

(A) The Plaintiff filed a claim for the payment of damages for delay with a rate of 20% per annum from August 1, 2014 to the date of full payment. However, the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings requires the payment of statutory damages for delay from the day following the delivery date of the duplicate of the complaint to the Defendant on June 9, 2015. Since the fact that the duplicate of the complaint in this case was served on the Defendant on June 9, 2015 is apparent in the record, the part claiming damages for delay with a rate of 20% per annum from August 1, 2014 to June 9, 2015 cannot be accepted. Also, according to the amended Special Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., the Defendant’s claim against the Defendant cannot be accepted. Accordingly, the part exceeding this amount is also acceptable.

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