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(영문) 대전지방법원 2020.08.13 2019가단21481
대여금
Text

Of the lawsuits in this case, the part concerning the demand procedure cost claim shall be dismissed.

The defendant shall pay to the plaintiff KRW 217,520,00 and 110.

Reasons

1. As to the legitimacy of the part concerning the demand procedure cost claim, the Plaintiff seek payment of KRW 417,900 for the demand procedure cost in Daejeon District Court 2019j4818.

However, the cost of demanding procedure is part of the cost of lawsuit, and there is no benefit to seek reimbursement of the cost of lawsuit by way of the procedure for determining the amount of litigation under the provisions of the Costs of Civil Procedure Act after the judgment becomes final and conclusive (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). Of the instant lawsuit, there is no benefit to seek reimbursement of KRW 417,900 as the cost of demand procedure in the instant lawsuit is unlawful because there

2. As long as the authenticity of the judgment of disposition as to the cause of claim is recognized, the court shall recognize the existence and content of the declaration of intent as stated in such statement, unless there is any clear and acceptable evidence to deny the contents of the statement.

(See Supreme Court Decision 93Da5456 Decided October 11, 1994, etc.). In full view of the purport of the entire pleadings in the statement No. 1 (the loan certificate of this case; hereinafter “the loan certificate of this case”), the Plaintiff may recognize the fact that the Plaintiff lent KRW 160,000 to the Defendant on June 25, 2013 by setting the due date of payment of KRW 160,000 to December 30, 2013 and interest rate of KRW 1%, and there is no counter-proof to deny the entries in the loan certificate of this case.

The fact that the Defendant repaid to the Plaintiff on January 30, 2019 the principal amount of KRW 50,000,000, out of the said principal, is not in dispute between the Plaintiff and the Defendant.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remainder of the principal and interest or delay damages of 217,520,000 won [the principal = 110,00,000 won with interest or delay damages of 160,000 won from June 26, 2013 to January 30, 2019] and the remainder of the loan amount of 110,000,000 won with interest or delay damages of 10% per annum from June 26, 2013 to January 30, 2019 [the amount = 160,00,0000 x 0. 0 x 0. 219/365 days)] and damages for delay calculated at the rate of 12% per annum from January 31, 2019 to the date of full payment].

For this reason,

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