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(영문) 인천지방법원 2016.08.26 2015가단11150
약정금
Text

1. The Plaintiff:

A. Defendant C shall fully pay KRW 31 million and KRW 25 million among them from September 11, 2011.

Reasons

According to Gap evidence Nos. 1 through 4 (including the number of evidence Nos. 3) of the claim against defendant C, and witness D's testimony, the plaintiff loaned to the defendant C at the rate of 24% per annum (no repayment is made) on July 22, 2010,

4. It is recognized that up to 30,000 won was paid in total, and Defendant C agreed to return the said amount at the Plaintiff’s request on and around May of the same year.

Therefore, Defendant C is obligated to pay to the Plaintiff the agreed interest rate of KRW 24% per annum from September 11, 2011 to the date of full payment, and to pay the agreed interest rate of KRW 31 million from May 29, 2015 to September 30, 2015 to KRW 20 million from May 30, 201, when the copy of the complaint is delivered to Defendant C, as requested by the Plaintiff, for the agreed interest rate of KRW 25 million calculated at the rate of KRW 24% per annum from September 11, 201 to the date of full payment (=), and to pay the agreed interest rate of KRW 6 million from May 29, 2015 to September 30, 2015 to KRW 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

[In the future, the provisions on statutory interest rate of KRW 400,00 and the provisions on statutory interest rate of Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) (wholly amended by Presidential Decree No. 26553, Oct. 1, 2015) and Article 2(2) of the Addenda thereto.

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