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(영문) 창원지방법원 2015.12.16 2015가합2478
약정금
Text

1. The Defendant: (a) KRW 210,00,000 for the Plaintiff and 5% per annum from June 10, 2013 to August 24, 2015; and (b) the Plaintiff.

Reasons

1. The facts of recognition that the Defendant borrowed KRW 140 million from the Plaintiff on June 9, 2010 to the Plaintiff on September 3, 2008; October 14, 2008; and on June 9, 2010; the principal and interest together are paid KRW 210,000,000 to the Plaintiff by June 9, 2013. The security and joint guarantor are non-existent. If the Plaintiff is unable to pay the above redemption on the date of redemption, the legal overdue interest shall be paid after the date of redemption; or if there is no dispute between the parties on the preparation and delivery of the loan certificate (hereinafter referred to as “the loan certificate of this case”); or may be recognized by taking into account the overall purport of entry and pleading as a whole.

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the statutory interest rate of KRW 210 million under the instant loan certificate and 5% per annum under the Civil Act from June 10, 2013 to August 24, 2015, on which the original copy of the instant payment order was served on the Defendant from June 10, 2013 to the date following the agreed repayment date; Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 30, 2015; Article 3(1) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 2653, Sept. 25, 2015) (amended by Presidential Decree No. 26553, Sept. 25, 2015) under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 265535, Sept. 25, 2015, 2015).

The Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day after the original copy of the instant payment order was served to the day of full payment. However, the amendment of “the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings” was made.

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