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(영문) 대구지방법원 김천지원 2018.10.18 2018가단32568
대여금
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from March 1, 2018 to October 18, 2018.

Reasons

1. Basic facts

A. On May 10, 2009, the Plaintiff lent KRW 50 million to the Defendant (hereinafter “the instant loan”). On April 24, 2015, the Plaintiff filed an application with the Defendant for a payment order against the Defendant, who did not repay the loan (hereinafter “the instant loan”).

Daejeon District Court 2015 tea3017).2

The defendant filed a written objection against the plaintiff's request for payment order and proceeded with the proceedings.

Daejeon District Court 2015Kadan26464, hereinafter referred to as "relevant case").

On September 22, 2015, the Defendant prepared a loan certificate with the loan amount of KRW 50 million to the Plaintiff (hereinafter “the loan certificate in this case”). On September 23, 2015, the Plaintiff withdrawn the lawsuit related to the case and completed the case.

On February 19, 2018, the Plaintiff sent to the Defendant a certificate of content that requested the Defendant to deposit a loan of KRW 50 million and interest of KRW 50 million per annum by February 28, 2018. The content certification reached the Defendant around that time.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 9 (including branch numbers for those with additional numbers), Eul evidence No. 2, the purport of the whole pleadings

2. According to the determination on the cause of the claim, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 5% per annum as prescribed by the Civil Act from March 1, 2018 to October 18, 2018, where the period from the date when the defendant received the notice of performance of the obligation with respect to the loan amounting to KRW 50,000,000, and the payment for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date when the obligation is fully repaid, barring special circumstances.

As to this, the Plaintiff alleged to the effect that the interest or delay damages should be calculated from May 10, 2009, but the evidence submitted by the Plaintiff alone agreed on May 10, 2009 between the Plaintiff and the Defendant on the repayment date.

an agreement to pay interest at least 5% per annum.

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