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(영문) 부산고등법원 2015.03.24 2014나6558
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: (a) the part of the judgment of the court of first instance ranging from Chapters 2, 14 to 16 of the judgment of the court of first instance ; and (b) the part of the judgment excluding “as soon as possible,” is the same as the part of the reasoning for the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420

1. Meanwhile, the obligor is liable for delay of performance from the following day after receiving a claim for performance (see, e.g., Supreme Court Decisions 8Da3253, Nov. 8, 198; 2012Da29557, Apr. 10, 2014). Therefore, the Defendant is liable to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from March 8, 2014, the day following the delivery date of the original copy of the instant payment order, as sought by the Plaintiff, to the day of full payment (see, e.g., Supreme Court Decisions 8Da3253, Nov. 8, 198; 2012Da29557, Apr. 10, 2014)

2. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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