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(영문) 서울중앙지방법원 2016.07.21 2015가단5353285
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) 821,133 won and its related date shall be from December 8, 2015 to the date of full payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. The Plaintiff is claiming for the payment of damages for delay calculated by the rate of 15% per annum from November 4, 2015 to the date of full payment, as to each of the damages for delay and damages for delay as to the loans from March 12, 2007 and the damages for delay as to the loans from August 29, 2007.

However, since the obligation for delay of a pecuniary obligation constitutes a damage liability arising from the delay of the monetary obligation, and the obligor is liable for delay from the time when the obligee receives a claim for performance from the obligee (see Supreme Court Decision 2009Da59237, Dec. 9, 2010). In this case, the damages for delay on each of the above damages can be recognized only from the time when the obligor claims performance with the delivery of a copy of the complaint of this case. Thus, the damages for delay shall be recognized only from the date following the day when the copy of the complaint of this case was served on the Defendants. The damages for delay shall be recognized only as calculated at the rate of 15% per annum from December 8, 2015 to the date when the copy of the complaint of this case was served on the Defendants, and the damages for delay from November 4, 2015 to December 7, 2015 shall be dismissed.

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