(영문) 서울남부지방법원 2017.07.20 2017가단13698

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(영문) 서울남부지방법원 2017.07.20 2017가단13698

대여금

Text

1. The defendant shall pay 69,00,000 won to the plaintiff and 13% per annum from January 1, 2009 to the day of complete payment.

Reasons

1. Indication of claim;

A. On May 22, 2007, the Seoul Southern District Court filed the instant lawsuit for the purpose of extending the prescription period of the Plaintiff’s claim (hereinafter “instant claim”) pursuant to the conciliation established in the loan case (hereinafter “instant conciliation”) on May 22, 2007.

B. In the case of the Seoul Southern District Court 2007Gadan23283, the Plaintiff and the Defendant filed a claim for the payment of the amount under the settlement agreement on August 23, 2006 with the Defendant as the cause of the claim for the payment of the amount under the settlement agreement on August 23, 2006, “the Defendant shall pay the Plaintiff KRW 65,440,000 and damages for delay from December 1, 2006 to the date of full payment” and the Defendant shall be paid by December 31, 2008 with the Plaintiff and the Defendant on May 22, 2007.

2. The Defendant shall pay to the Plaintiff interest calculated at the rate of 1% per month on the unpaid amount from June 2007 to the Plaintiff from June 2007, by the fifth day of the month following the month in which the interest accrue.

3. If the Defendant delays the payment of interest at any time, the payment shall be made in addition to the damages for delay calculated at the rate of 13% per annum from the day following the day on which the due date is lost to the day of full payment with respect to the unpaid amount.

‘' has been concluded the adjustment of the contents.

C. The Defendant claiming the payment of money against the Defendant does not pay to the Plaintiff interest and principal of the instant conciliation. The Defendant is obliged to pay to the Plaintiff damages for delay calculated at the rate of 13% per annum as stipulated in the instant conciliation from January 1, 2009 to the day of full payment, which is the day following the due date specified in the instant conciliation, for the amount of KRW 69 million and the day following the due date specified in the instant conciliation.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

참조조문

-민사소송법 제208조 제3항 제1호

-민사소송법 제257조

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