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(영문) 대구지방법원 2019.01.17 2017가합209758
손해배상(기)
Text

1. As to the Plaintiff’s KRW 410 million and KRW 260 million among them, Defendant B’s KRW 40 million from June 21, 2017 to December 17, 2018.

Reasons

1. Facts of recognition;

A. On January 3, 2008, when the Plaintiff had been engaged in money transactions, such as lending money several times to Defendant B, the Plaintiff agreed that the sum of the money loaned by the Plaintiff on several occasions between Defendant B and Defendant B was 12% per annum and the due date on December 31, 2008, each of which was set as 12% per annum and the above Defendant B lent to the above Defendant. The Plaintiff and Defendant B drafted a notarial deed of debt repayment contract with the above contents on the same day.

B. On May 24, 2017, the Plaintiff separately from Defendant B’s aforementioned KRW 260 million, the Plaintiff agreed that the sum of the money loaned to Defendant B several times from May 27, 2016 to May 20, 2017, together with the amount of money lent from May 27, 2016, shall be 0.8% per interest month, and on June 20, 2018, the Plaintiff lent the amount of KRW 150 million to each of the above Defendant. Defendant B prepared a certificate of monetary rent on the same day and delivered it to the Plaintiff.

C. Defendant B paid only interest or delay damages until June 20, 2017 on each of the above loans by the Plaintiff, and thereafter did not pay interest or delay damages.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. According to the above facts finding as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the sum of KRW 410 million (i.e., KRW 260 million) and damages for delay at the rate of KRW 15 million per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 21, 2017 to December 17, 2018, which is the day following the day when the written application for amendment of the claim of this case was served, including the day when the written application for amendment of the claim of this case was served, to December 21, 2018. As such, the agreement rate of KRW 260 million is 12% per annum for the above loans, the remainder of KRW 150 million is 9.6% per annum for the interest or damages for delay by each rate of KRW 0.8% per month x 12 months from the next day to the day when they are fully paid.

3. Determination as to the claim against Defendant C

A. Defendant B’s summary of the Plaintiff’s claim

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