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(영문) 서울중앙지방법원 2014.09.18 2013가합59192
대여금 등
Text

1. As to Defendant B’s KRW 125,00,000 and KRW 70,000 among the Plaintiff, Defendant B shall be KRW 55,00,000 from March 26, 2014, and KRW 55,00,00.

Reasons

On October 2002, the plaintiff lent KRW 100 million to the defendant B, and around May 11, 2005, the plaintiff confirmed that the balance of the above loan was KRW 71 million between the defendant B, but around August 12, 2005, the balance of the above loan was determined as KRW 70 million.

(A) On May 13, 2005, the Plaintiff set the interest rate of KRW 55 million to Defendant B as 1% per month and on July 31, 2007.

[Grounds for recognition] According to the judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act), Defendant B is obligated to pay to the Plaintiff a total of KRW 125 million (= KRW 50 million) and damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, which is the day following the delivery of a copy of the complaint of this case, which includes an intent to seek performance of the above loans (= KRW 70 million) and KRW 75 million, which is the day following the delivery of the copy of the complaint of this case, to the Plaintiff from March 26, 2014 to August 1, 207, which is the day following the due date of repayment, until September 18, 2014, which is the day of the judgment of this case sought by each Plaintiff.

[Plaintiff: (a) sold the instant real estate by Defendant B; (b) agreed to repay the borrowed money as stipulated in paragraph (1)(A); and (c) Defendant B, on May 17, 2005, filed a claim for delay damages on the said borrowed money from May 17, 2005; (d) however, unless there is any evidence to prove that the Plaintiff and Defendant B have made a due date for the borrowed money, the Plaintiff is entitled to claim for delay damages from the next day of the delivery of the copy of the instant complaint containing the intent to seek the performance; and therefore, the Plaintiff’s claim against Defendant C and the Plaintiff completed the registration of ownership transfer with the Defendant C, the wife, on May 17, 2005, which was in collusion with the Plaintiff’s compulsory execution.

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