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(영문) 서울남부지방법원 2016.12.07 2016가단19132
사해행위취소 등
Text

The defendant shall pay to the plaintiff KRW 51,600,000 and KRW 20,000 among them, from May 23, 2014, and KRW 31,60,000.

Reasons

Facts of recognition

On June 22, 2010, the Plaintiff set KRW 20,000 as interest rate of KRW 1.25% per annum (15% per annum) and lent to the Defendant.

By May 16, 2014, the Defendant paid interest on the said borrowed money to the Plaintiff.

On February 8, 2013, the Plaintiff lent KRW 40,000 to the Defendant and received KRW 8,400,000 from the Defendant thereafter.

[Ground] In a case where there is no dispute, Gap 1 and 2 evidence, and the purport of the entire pleadings is determined, the defendant is obligated to pay to the plaintiff interest and delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Agreements, Interest Rates, and Legal Proceedings, from May 23, 2014, which is the period after the date of the last payment of interest, for the remainder of 31,600,000 won, to the plaintiff from May 26, 2016 to the date of full payment.

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and it is so decided as per Disposition.

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