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(영문) 창원지방법원 2016.01.28 2015가합2966
대여금
Text

1. The Defendant’s KRW 350,000,000 as well as 5% per annum from September 13, 2005 to December 24, 2015 to the Plaintiff.

Reasons

1. Indication of claim;

A. The plaintiff lent 150,000,000 won to the defendant on June 18, 2003, and 200,000,000 won to the defendant on April 27, 2003, and filed an application for the payment order with the defendant for the payment of the above loan with the Changwon District Court 2005,1315, the Changwon District Court 2005,1315, and the above court issued the payment order to the plaintiff "the defendant shall pay to the plaintiff 350,000,000 won with 20% interest per annum from the day following the delivery of the original payment order to the day of full payment. The above payment order was served to the defendant on September 12, 2005, and as the defendant did not raise any objection, the payment order became final and conclusive on September 27, 2005.

B. Since the defendant did not repay the above borrowed money to the plaintiff, it is claimed to pay the above borrowed money and damages for delay.

2. Article 208 (3) 3 of the Civil Procedure Act applicable to Acts and subordinate statutes;

3. The Plaintiff seeking payment of damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the instant complaint to the day of full payment. However, the statutory interest rate of 15% per annum is applied pursuant to the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings amended by Presidential Decree No. 26553, Sept. 25, 2015. Thus, the part exceeding 15% per annum out of the Plaintiff’s claim for damages for delay is without merit

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