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(영문) 창원지방법원 2020.12.24 2020가합55735
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 299,88,614 and the period from September 20, 2020 to December 24, 2020.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208(3)1 and 257(1) of the Civil Procedure Act, which hold a judgment without holding any pleadings.

3. On September 16, 2020, the Plaintiff asserts that KRW 15,00,000 received from Defendant C with respect to the amount of the loan principal of KRW 300,000,000 against the Defendants, shall be fully appropriated for damages for delay incurred between September 19, 2019 and September 19, 2020.

However, the amount of damages for delay calculated by applying the rate of 5% per annum prescribed by the Civil Act from September 20, 2019 to September 16, 2020 claimed by the Plaintiff that the Plaintiff had received KRW 15,00,000,000 for the principal of the above loan from September 20, 2019, which was the date when the loan was returned, to September 16, 2020, shall be 14,88,614 [ = 30,00,000 】 5% 】 (103 ± 365 days per December 31, 2019 ± 365 days per annum) (the total amount of the loan from January 1, 200 to September 16, 202 ±360 days per annum 366 days)] and the amount of the above loan shall be 14,00,6180 won per annum 16,209,7196.

Therefore, among the plaintiff's claims, 299,88,614 won and the part seeking payment of damages for delay exceeding the rate of 5% per annum under the Civil Act from September 20, 2020 to December 24, 2020, which is the date of the decision of this case where it is deemed reasonable for the defendants to dispute about the existence of the obligation or the scope of the obligation. The part seeking payment of damages for delay exceeding the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of complete payment is without merit.

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