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(영문) 대구지방법원서부지원 2016.02.16 2015가단16594
대여금
Text

1. The Defendant’s KRW 24,00,000 as well as the Plaintiff’s annual rate of 24% from July 1, 2015 to August 6, 2015, and the following.

Reasons

Around April 2015, while the Plaintiff leased approximately 50 square meters of the second floor of the Daegu Suwon-gu C building from July 2014 to July 2016 and operated ice ice ice ices, the Plaintiff: (a) lent the entire lease deposit to the Defendant by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 3 million, and one year of the lease; (b) around that time, the Plaintiff subleted the lease deposit to the Defendant; (c) around that time, the Defendant provided the said ice ice with the payment of KRW 5 million out of the lease deposit to the Plaintiff, without paying the rent.

Around June 20, 2015, the Plaintiff and the Defendant, around June 24, 2015, shall settle the amount loaned by the Plaintiff to the Defendant in the name of the Plaintiff, the amount of food materials purchased on credit in the name of the Plaintiff, the management expenses incurred during the Defendant’s business period, and the amount of damages incurred from damage to the house, etc., at KRW 24 million after deducting 5 million from the lease deposit, and the Plaintiff shall have lent it to the Defendant, but the Plaintiff shall have made a loan to the Defendant by 2% of the interest rate and the due date until July 24, 2015, are not in dispute between the parties, or shall be recognized by comprehensively taking into account the overall purport of the pleadings in subparagraph 1.

According to the above facts, the defendant is obligated to pay to the plaintiff the settlement amount of KRW 24 million and the damages for delay calculated at the rate of 24% per annum from July 1, 2015 to August 6, 2015, which is the service date of the original copy of the instant payment order, and 20% per annum from the next day to September 30, 2015, as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, as the same shall apply from the next day to the day of full payment.

[The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) is 20% per annum until September 30, 2015; and 15% per annum from October 1, 2015. Thus, the portion of damages for delay exceeding the above recognized portion is claimed.

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