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(영문) 부산지방법원동부지원 2019.04.24 2019가합100133
대여금
Text

1. As to KRW 66,236,272 among the Plaintiff and KRW 242,00,000, the Defendant shall pay to the Plaintiff the full payment day from December 1, 2018 to the day of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff and the Defendant’s damages amounting to KRW 300 million due to the breach of the business partnership agreement between the subcontractor and the Defendant on November 9, 2017, and damages for delay.

B. The Plaintiff’s loans to the Defendant on February 26, 2018 (242 billion won) and interest and delay damages calculated by the rate of 24% per annum from the date of the above loan to the Defendant.

C. 80 million won and damages for delay due to the cancellation of a sales contract between the plaintiff and the defendant on the land of Busan Dong-gu C, D, and E (the statutory cancellation due to the defendant's default)

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

3. The Plaintiff partially dismissed part of the period of damages claim against the Defendant for payment of KRW 380 million, including the total amount of KRW 300 million and the amount of KRW 80 million following the cancellation of the sales contract, 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 December 18, 2018 to the date of full payment.

However, the statutory interest rate of damages for delay under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings applies from the date following the date on which a complaint demanding the performance of a monetary obligation was served on the obligor, and it is evident that the Defendant was served with a copy of the complaint on February 1, 20

Therefore, the plaintiff's claim seeking damages for delay from December 18, 2018 to February 1, 2019 is without merit.

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