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(영문) 대전지방법원 2018.10.31 2018가합699
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 246,352,569 and the interest rate of KRW 15% per annum from November 1, 2018 to the date of full payment.

Reasons

Description of Claim

On August 13, 2007, the Plaintiff lent 25% interest rate of KRW 80,000,000 to the Defendant without due date. On August 16, 2007, the Plaintiff lent 30% interest rate of KRW 250,000,000 at 30% per annum (interest rate of 60% per annum) without due date. On August 30, 2007, the Plaintiff lent 35,000,000 without due date and due date.

Since the Plaintiff was paid KRW 18,657,431 from the Defendant on September 23, 2009, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 1, 2018 to the date of full payment, as the Plaintiff seeks, within the scope of KRW 346,342,569 (=80,000,000 KRW 250,000- KRW 35,000-18,657,431).

(See Article 603(2) of the Civil Act as a monetary loan for consumption with no fixed time for payment. Article 208(3)3 of the Civil Procedure Act (by service by public notice) based on recognition

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