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(영문) 전주지방법원남원지원 2020.12.09 2020가단1555
대여금
Text

The Plaintiff

A. As to Defendant B’s KRW 40 million and KRW 30 million among them, from May 11, 2019 to October 27, 2020.

Reasons

On May 26, 2018, the Plaintiff leased KRW 30 million to Defendant B as of May 11, 2019. Defendant C guaranteed the Defendant B’s debt amounting to KRW 30 million on the same day.

In addition, on July 9, 2018, the Plaintiff loaned KRW 10 million to Defendant B as of July 16, 2019.

Therefore, Defendant B is obligated to pay damages for delay calculated by the annual rate of 12% per annum from May 11, 2019, the following day of the above payment order, which is equivalent to the complaint, to October 27, 2020; 5% per annum under the Civil Act until October 27, 2020; 10 million won per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings; and 5% per annum from July 17, 2019, the following day of the above payment period to October 27, 2020, the delivery day of the written application for payment order, which is equivalent to the complaint, from the day of the above payment period to the day of the full payment; and 20% per annum from the day after the following day of the above payment period to the day of the written application for payment order, to the day of the full payment; and 30 million won per annum from the day after the day of the above payment period to the day of the full payment.

[Inasmuch as the Defendant received notification of the date by public notice pursuant to Articles 194 through 196 of the Civil Procedure Act and did not appear on the date of pleading, only the matters necessary to specify the claim pursuant to Article 208(3)3 of the Civil Procedure Act shall be written in the reasoning of the judgment]

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