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Reasons
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(영문) 광주지방법원순천지원 2015.11.27 2015가단12059
보관금반환
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1. The Defendant’s KRW 23,796,00 for the Plaintiffs and its related KRW 15% per annum from July 14, 2004 to September 21, 2015, and September 2015.

Reasons

1. Indication of claim;

A. The plaintiffs, the defendant, and the defendant are married couple respectively.

B. The plaintiffs have a claim of KRW 23.8 million against the defendant and D ( KRW 21.0 million as of November 21, 2001, KRW 200 million as of September 4, 2002), and the defendant and D have a certificate of custody to the effect that the above KRW 23.8 million will be repaid to the plaintiffs by March 30, 2003.

C. On March 30, 2003, the plaintiffs sought payment of KRW 23.8 million to the defendant and D, and the defendant and D demanded the extension of the due date. On April 8, 2003, D made a notarial deed with the purport that the payment period for the above KRW 23.8 million shall be 12% per annum and the interest shall be paid in installments once a month every 28th day, and if the principal or interest is overdue, the payment shall be made in installments at the rate of KRW 15% per annum.

Defendant and D paid a total of KRW 4.6 million from May 3, 2012 to October 24, 2014. However, when the Defendant and D have satisfied part of the interest and principal from March 31, 2003 to July 13, 2004, the principal amount of KRW 23,796,600 as of July 13, 2004 remains.

E. Therefore, the defendant is obligated to pay to the plaintiffs 23,796,600 won with 15% interest rate per annum from July 14, 2004 to the delivery date of a copy of the complaint of this case, which is the day following the last calculation date of interest, and 20% interest per annum from the next day to the day of full payment under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. Partial dismissal of the case is recognized only as damages for delay calculated at the rate of 15% per annum from October 1, 2015 pursuant to the provisions on statutory interest rate under Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 26553), which was promulgated as of September 25, 2015 and enforced from October 1, 2015, and claims for damages for delay in excess thereof are dismissed.

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