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(영문) 서울중앙지방법원 2016.04.01 2015가합567536
대여금
Text

1. The Defendant: (a) KRW 258,00,000 for the Plaintiff and 19% per annum from July 12, 2013 to April 3, 2015; and (b) the Plaintiff.

Reasons

According to Gap evidence No. 1, around August 3, 2011, the plaintiff lent KRW 258,00,000 to the defendant around August 3, 201, the plaintiff set the due date of payment of KRW 258,00,00 to the defendant as 19% per annum.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 258,00,000 won with the interest rate of 19% per annum from July 12, 2013 to April 3, 2015, which is the day following the due date for repayment of the loan and the interest rate of 20% per annum from April 4, 2015 to September 30, 2015, as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, as well as the interest rate of delay from the next day to the day after the due date of repayment.

[Plaintiff] Claim for the payment of damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a duplicate of the complaint in this case, but the provision on statutory interest rate under the main sentence of Article 3(1) (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) on the promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Oct. 1, 2015) was enforced from October 1, 2015, the Plaintiff’s claim for damages for delay which exceeds the rate of 15% per annum from October 1, 2015 is dismissed as there is no justifiable reason. Accordingly, the Plaintiff’s claim in this case cited within the above recognition scope as a justifiable ground, and the remainder is dismissed as it is without merit.

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