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(영문) 서울중앙지방법원 2019.10.29 2019가단5035257
대여금
Text

1. The Defendant’s KRW 62,95,279 and KRW 38,00,00 among the Plaintiff and the Plaintiff’s KRW 38,00,00 annually from December 26, 2018 to January 7, 2019.

Reasons

1. According to the purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, the defendant received a loan with a rate of 38,00,000,000 from the plaintiff on June 4, 2008 at 9.682% per annum (hereinafter "the loan of this case"), the defendant lost the benefit of time due to delay in the payment of the principal and interest of this case, the loan of this case remaining as of December 25, 2018, and the interest amount of 38,00,000,000, 24,995,279 can be acknowledged.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 62,95,279 (i.e., KRW 38,00,000, KRW 24,995,279) and the principal amount of KRW 38,00,00,00 from December 26, 2018 to January 7, 2019, which is the delivery date of the original copy of the instant payment order, KRW 9.682% per annum of agreed delay damages, and KRW 9.682% per annum of the agreed delay damages from the next day to May 31, 2019 (hereinafter “Promotion Act”), Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); and the statutory interest rate of KRW 24,000 (amended by Presidential Decree No. 29768, May 21, 2019).

(A) The Plaintiff is entitled to pay damages for delay calculated at the rate of 15% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment. However, as the provision on statutory interest rate under the main sentence of Article 3(1) of the Promotion Act was amended by Presidential Decree No. 29768 on May 21, 2019, pursuant to Article 2(2) of the Addenda, where the pleadings are closed after May 31, 2019, 12% per annum, which is the statutory interest rate under the amended provisions, shall be applied from June 1, 2019. Of the Plaintiff’s claims, the part on the Plaintiff’s claim for damages for delay exceeding the rate of 12% per annum from June 1, 2019 to the day of full payment).2. The Defendant’s argument is dismissed.

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