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(영문) 서울중앙지방법원 2017.05.25 2017가합512516
대여금
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1. The defendant shall pay to the plaintiff KRW 231,965,753 as well as KRW 200,000 among them, from March 9, 2017 to the day of full payment.

Reasons

1. On October 29, 2012, the Plaintiff indicated the claim to the Defendant: (a) KRW 120,000,000 as of October 29, 201; and (b) KRW 80,00,00 as of July 1, 2013, the agreed rate shall be 12% per annum without setting the respective repayment period; and (c) the payment period of interest was set and lent as of the end of each month.

The Defendant repaid interest on the said loan during the period of one year and six months from December 2012, but did not pay interest on the said loan from August 2014.

Therefore, the plaintiff urged the defendant to pay the above loan, but the defendant does not pay not only the principal but also interest.

Therefore, the Defendant is obligated to pay to the Plaintiff delay damages of KRW 231,900,000,000, which is the principal of the loan, and KRW 200,000,000,000, which is the sum of overdue interest of KRW 31,90,000,000, which was filed by the Plaintiff from August 23, 2016, to February 23, 2017.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. Of the Plaintiff’s partial dismissal of the Plaintiff’s damages for delay, the part concerning the claim as of March 8, 2017, which is the delivery date of the copy of the claim as of February 27, 2017 and the application for modification of the cause of the claim, cannot be applied under the Act on Special Cases Concerning the Acceleration, etc. of Legal Proceedings. Therefore, the damages for delay shall be calculated at the rate of 12% per annum based on an agreement that is not 15% per annum under the Act on

Therefore, the Plaintiff’s claim is dismissed on the ground that it does not exceed 231,965,753 won plus 65,753 won (=200,000,000 won x 12% x 12% x 365), and 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 March 9, 2017 to the date of full payment, which exceeds the amount of 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 March 9, 2017 to the date of full payment.

4. The proviso to Article 101 of the Civil Procedure Act shall apply to the cost of lawsuit.

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