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(영문) 서울중앙지방법원 2019.08.27 2019가단5134543
대여금
Text

1. The defendant shall be the plaintiff.

(a) As to KRW 33,636,658 and KRW 19,145,696 among them, from April 30, 2019 to May 20, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff’s factual relations concerning the cause of the Plaintiff’s claim for loans against the Defendant are as shown in attached Form “the cause of claim”.

B. On July 30, 2014, the Defendant served the original of the instant payment order, and submitted a written reply to the effect that “the facts of the loan were acknowledged, but the company discontinued its business on or before July 30, 2014.”

Even if the company closed its business as alleged by the Defendant, such circumstance alone does not extinguish the previous obligation against the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the above facts of determination, the defendant's statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for the following 12% (the legal interest rate under the main sentence of Article 3 (1) was promulgated on May 21, 2019 and entered into force on June 1, 2019, and since the pleadings are concluded after the date of enforcement of the above provision on interest rate (the date of service of the original payment order in this case) from April 30, 2019 to May 20, 2019 (the date of service of the original payment order in this case), it shall be 15% per annum from the following day to May 31, 2019 (the date of service of the original payment order in this case), and the provisions on statutory interest rate under the main sentence of Article 3 (1) of the above Act for the period from May 21, 2019 to the date of full payment (the previous provision on June 1, 2019, 2019).

There is an obligation to pay damages for delay calculated in proportion thereto.

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and part of the claim is accepted.

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