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(영문) 서울북부지방법원 2016.02.04 2014가합4334
대여금등
Text

1. Defendant B’s KRW 90,000,000 as well as 5% per annum from January 1, 2010 to August 20, 2014, respectively, to the Plaintiff.

Reasons

1. Determination as to the primary claim against Defendant B

A. The Plaintiff, around 2009, lent KRW 90,000,00 to Defendant B as of December 31, 2009 on the date of repayment. As such, Defendant B is obligated to pay the said KRW 90,000,000 to the Plaintiff and its delay damages.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

C. Some of the dismissed parts claim for damages for delay calculated at the statutory rate of 20% per annum from the day after the copy of the complaint in this case was served to the day of complete payment with respect to the above KRW 90,000,000. However, since the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings was wholly amended, and the statutory interest rate under the above Act was changed from October 1, 2015 to 15% per annum, the part in excess of the above recognized portion in the Plaintiff’

Although some of the primary claims against Defendant B were dismissed, it is nothing more than that of partial dismissal of the statutory interest rate for damages for delay due to the amendment of the statute.

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion that Defendant B, around 2009, requested the Plaintiff to lend money in excess of the auction to the Plaintiff and deposited KRW 73,821,180 in total to the account in the name of Defendant C. As such, Defendant C is obligated to pay the Plaintiff the above KRW 73,821,180 and the delay damages.

B. In full view of the overall purport of the statements and arguments set forth in subparagraphs 1 and 2-1, it is recognized that the Plaintiff deposited KRW 73,821,180 on October 15, 2009 with the account under Defendant C’s name and KRW 55,00,000 on November 15, 209, and KRW 18,821,180 on November 26, 2009.

However, even according to the plaintiff's assertion, the plaintiff deposited the above money with the defendant C's account at the request of the defendant B, so it can be deemed that the above money was lent to the defendant C separate from the loan of the above money.

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