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(영문) 대구지방법원 2016.10.21 2016가합203777
대여금
Text

1. The defendant,

A. 29,000,000 won for Plaintiff A;

B. 25,000,000 won against Plaintiff B;

C. Plaintiff C: 119,096,000, D.

Reasons

1. The Defendant borrowed the Plaintiff’s KRW 29 million from the Plaintiff on January 20, 2015; KRW 25 million in total from November 17, 2014 to November 24, 2015; KRW 19,096,00 in total from Plaintiff C from February 5, 2008 to April 28, 2015; and KRW 65 million in total from Plaintiff D from December 13, 201 to December 14, 2011.

Therefore, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum from August 9, 2016 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case, which includes the plaintiffs' intent to request performance of each of the above loans and the above loans.

(1) The plaintiff filed a claim against the defendant for damages for delay calculated at a rate of 5% per annum as stipulated in the Civil Act from the day after the date of lending or the last lending of each of the above amounts until the date of serving the notice of the complaint of this case. However, inasmuch as the plaintiffs have the person who lent each of the above money to the defendant and did not agree with the repayment and interest, the initial date of the statutory damages for delay for delay for which the plaintiffs can claim payment against the defendant is the date following August 9, 2016, which is the day after the delivery date of the complaint of this case where the claim for payment of each of the above loans was filed. Thus, the part of the claim for damages for delay from the date following the lease date of each of the above loans or the last lending date to August 8, 2016 (Article 208 (3) 1 of the Civil Procedure Act).

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