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(영문) 대전지방법원천안지원 2015.05.27 2015가단5749
대여금
Text

1. The defendant shall pay 65,00,000 won to the plaintiff and 20% per annum from March 19, 2015 to the day of complete payment.

Reasons

The Plaintiff shall determine the amount of KRW 15 million on December 11, 2013 as the date of payment on January 11, 2014; and shall determine the amount of KRW 5 million on December 27, 2013 as the date of payment on January 27, 2014; and shall determine the amount of KRW 5 million on January 15, 2014 as the date of payment on February 14, 2014; and shall determine the amount of KRW 10 million on January 28, 2014 as the date of payment on February 15, 2014; and shall not determine the date of payment on July 11, 2014 as the date of payment; and may recognize the purport of KRW 5 million on July 19, 2014 as the entire amount of KRW 1,000 on July 16, 2014 as the whole set forth in subparagraphs A through A.

Meanwhile, the defendant asserts that the plaintiff should dismiss the claim for a portion exceeding the interest limit rate under the Interest Limitation Act. However, there is no evidence to acknowledge that the plaintiff only claimed the principal and the damages for delay, not the interest, but also paid interest exceeding the interest limit rate under the Interest Limitation Act to the plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 65,00,000 ( KRW 5 million KRW 5,000,000 KRW 15 million) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 19, 2015, the day following the delivery date of the original copy of the instant payment order to the day of full payment.

Ultimately, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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