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(영문) 서울중앙지방법원 2016.04.18 2015가단77432
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from November 26, 2015 to the date of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(However, Article 208(3)3 of the Civil Procedure Act provides that "creditors" shall be deemed "Plaintiffs" and "debtors" shall be deemed "Defendants"

3. From April 21, 2001, the day following the completion date of the provisional attachment registration for the real estate owned by the Defendant, the Plaintiff seeking 5% damages for delay from April 21, 2001 to the delivery date of the original copy of the instant payment order.

However, it is clear that there is no time limit for payment in the certificate of borrowing (A) and there is no evidence that the decision of provisional seizure received by the plaintiff was served on the defendant.

On the contrary, insofar as the Defendant cannot be recognized to have been demanded by the Plaintiff for performance prior to the instant case (see Article 387(2) of the Civil Act), the Defendant is not obliged to pay damages for delay for the borrowed amount.

Therefore, the plaintiff's claim for damages for delay is dismissed.

In addition, the applicable rate was changed to 15% per annum pursuant to the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Since such provisions were effective from October 1, 2015, claims for delay damages from November 26, 2015, which is the day following the delivery date of the instant payment order, are recognized to the extent of such change.

(2) The portion of the claim for damages for delay in excess shall be dismissed.

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