logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.10.30 2015가단40320
대여금
Text

1. The Defendant’s KRW 25 million with respect to the Plaintiff and 20% per annum from September 16, 2015 to September 30, 2015.

Reasons

1. In full view of the facts of recognition and the purport of the entire argument in Gap evidence No. 1, it is recognized that the plaintiff lent 25 million won to the defendant on August 19, 2004.

Meanwhile, from December 30, 2004 to the delivery date of the original copy of the instant payment order or the copy of the written application for the payment order, the Plaintiff also sought payment of interest calculated at a rate of 5% per annum against the Defendant, but there is no evidence to prove that the Plaintiff and the Defendant agreed to pay interest on the said loan. Thus, this part of the claim is rejected.

Therefore, pursuant to Article 2(2) of the Addenda to the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings amended on September 25, 2015, the Defendant is obligated to pay to the Plaintiff 25 million won with 20% per annum from September 16, 2015 to September 30, 2015, which is the day following the delivery date of the duplicate of the application for the instant payment order, and 15% per annum from the next day to the day of full payment.

2. According to the conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

arrow