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(영문) 의정부지방법원고양지원 2015.10.15 2015가합830
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 310,520,547 and KRW 100 million per annum from July 8, 2015 to the date of full payment.

Reasons

1. There is no dispute between the parties, and there is no dispute between the parties that the defendant's seal affixed to No. 1-1-1 of the evidence A, affixed to the defendant's seal, which is based on the defendant's seal, the authenticity is presumed to have been established.

Although the defendant raised a forged defense, there is no evidence to acknowledge it.

Comprehensively taking account of the description of the witness C, the testimony of the witness C, and the overall purport of the pleadings, the Plaintiff lent KRW 200 million to D (the husband of the Defendant) on November 4, 201, “interest rate: 2.5% per month (payment on November 3, 201)” and “payment period: up to November 3, 2012,” and the Defendant jointly and severally guaranteed the loan obligation, and ② the Defendant agreed to pay the Plaintiff KRW 100 million to the Plaintiff on July 7, 2015, and to cover the principal amount of KRW 100 million between the Plaintiff and the Defendant.

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum (interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the amount claimed by the Plaintiff) from July 8, 2015 to the date of full payment for KRW 100,000,000 ( KRW 190,684,931, KRW 19,835,616) plus the following money:

(1) The principal of the borrowed amount of KRW 100 million (20 million - KRW 100 million) (2) The interest or delay damages calculated at the rate of 30 percent (2.5 percent per month x 12 months, agreement rate) per annum from November 4, 2011 (the date on which the original payment order is served) to January 7, 2015 (the delivery date of the original payment order) shall be 190,684,931 won (20 million x 0.3 x (365/365 days), and less than the convenience for calculation) (3) the amount of KRW 200 million shall be calculated at the rate of 20 million per annum from January 8, 2015 to July 7, 2015 (the interest rate on the promotion, etc. of litigation, the name of the Plaintiff, the rate of delay damages calculated at the rate of 190,1986 won x 1960,360

3. The plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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