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(영문) 수원고등법원 2019.09.05 2019나11629
대여금
Text

1. The part against Defendant B in the judgment of the first instance, including the Plaintiff’s claim extended by this court, is as follows.

Reasons

1. Determination as to the claim against the defendant B

A. On December 9, 2004, the Plaintiff loaned money to Defendant B over several times, including lending KRW 20 million to Defendant B, and the fact that Defendant B, on May 23, 2014, approved that Defendant B bears the obligation of KRW 250 million against the Plaintiff, and that the Plaintiff entered into a debt repayment agreement with the effect that the said obligation is repaid by May 31, 2015, is not disputed between the parties.

According to the above facts, Defendant B is obligated to pay to the Plaintiff the amount of KRW 250 million and KRW 10,000,000 from June 1, 2015 to December 1, 2017, the delivery date of a copy of the complaint of this case from June 1, 2015, which is the day following the due date, to December 1, 2017, damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act, and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from June 1, 2015 to the day following the due date for payment for the remainder of KRW 240,000,000 from June 1, 2015 to the day of service of a copy of the application for changing the purport of this case and the cause of claim.

B. The Plaintiff shall seek damages for delay calculated by the rate of 15% per annum from June 1, 2015 to the day of complete payment, which is the day following the due date, for the above KRW 250 million.

However, there is no assertion and proof by the Plaintiff as to the delayed payment rate of 15% per annum at the time when the Plaintiff and Defendant B entered into the above debt repayment agreement, and the statutory interest rate stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies only after the day after the day when the written complaint seeking the performance of the monetary obligation or other equivalent document was served on the obligor (Article 3 of the above Act on Special Cases)

2. Determination as to the claim against Defendant C

A. The plaintiff within the scope of the judgment of this court against the defendant C in the first instance trial, and the defendant B.

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