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(영문) 대구지방법원경주지원 2016.11.25 2016가합141
사취금
Text

1. The Defendant’s KRW 400,000,000 as well as 10% per annum from May 26, 2014 to August 26, 2016 to the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 2 and the entire arguments as to the cause of the claim, the plaintiff may recognize the fact that on August 6, 2013, the plaintiff lent KRW 400 million to the defendant 10% per annum, and the period of repayment as of May 5, 2014. Meanwhile, the plaintiff is a person who received interest of KRW 2874 million per annum from September 6, 2013 to May 7, 2014.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the interest of KRW 40 million and the period when the Plaintiff was paid interest thereon (the interest of KRW 2,8740,000,00,000,000 to April 25, 2014, which is less than the agreed amount of KRW 28,821,917 (i.e., KRW 400,000,000 x 10% x 263/365, and less than KRW 15%) from May 26, 2014 to the date when the copy of the complaint of this case was served on the Defendant from May 26, 2014 to August 26, 2016, and damages for delay by the next day to the date when the copy of the complaint of this case was served on the Defendant.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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