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(영문) 서울중앙지방법원 2020.07.08 2019가단5286727
대여금
Text

1. The defendant's KRW 40,500,000 and its amount shall be 5% per annum from January 1, 2020 to May 27, 2020 to the plaintiff.

Reasons

Facts of recognition

From April 29, 2010 to April 10, 201, the Plaintiff lent 60,000 won to C, and C lent the money to the Defendant.

C and the Defendant agreed to pay the principal and interest of the above loan to the Plaintiff on August 16, 2018 and KRW 40,500,000 remaining after the Defendant paid to the Plaintiff by December 31, 2019.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 4, and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 40,500,000 won from Jan. 1, 2020 to Apr. 28, 2020 as of the day following the date of payment of the above agreed amount, and 5% per annum under the Civil Act until May 27, 2020, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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