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(영문) 서울중앙지방법원 2021.01.15 2020가단5067281
양수금
Text

1. The defendant shall pay to the plaintiff KRW 51,930,670 as well as 12% per annum from October 7, 2020 to the day of full payment.

Reasons

1. The reasons for the claim are as shown in the annexed sheet to the indication of the claim (Provided, That "creditor" shall be "Plaintiff" and "debtor" shall be "Defendant".

The Plaintiff subsequently announced the purport of Article 28(3) of the Civil Procedure Act to the effect that Article 28(2) of the Act applies to the following: (a) the rate of 20% per annum from March 26, 2015 to September 30, 2015 for principal amounting to KRW 51,930,670; (b) the rate of 15% per annum from October 1, 2015 to May 31, 2019; and (c) the rate of 12% per annum from June 1, 2019 to January 21, 202; and (d) the interest rate of KRW 37,96,298 (see subparagraph 3-1 of the evidence No. 3); and (d) the interest rate of KRW 51,930,670 per annum from January 22, 202 to the date of full payment).

3. The Plaintiff partially dismissed: (a) the rate of 20% per annum from March 26, 2015 to September 30, 2015 with respect to the principal amounting to KRW 51,930,670 and the principal amount; (b) the rate of 15% per annum from October 1, 2015 to May 31, 2019; and (c) the rate of 12% per annum from June 1, 2019 to January 21, 202 with interest accrued at the rate of 37,96,298 won and 12% per annum from January 22, 2020 to the date of full payment; (d) the Plaintiff’s evidence submitted by the Plaintiff alone, thereby delaying self-regulation during each of the above periods.

It is insufficient to recognize that there is no other evidence to acknowledge the rate of delayed payment of loans between E and the Defendant (as a result of the evidence evidence No. 1, only can it be acknowledged that there is an agreement to apply Article 3(5) of the Bank Credit Basic Terms and Conditions within the maximum of 21% per annum, and there is no proof of the Plaintiff as to the delayed payment rate calculated under the above Terms and Conditions.).

However, since a claim for delayed damages under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings can be filed from the day after the delivery of the complaint to the day of complete payment, only the amount of delay damages calculated at the rate of 12% per annum from October 7, 2020 to the day of full payment after the delivery of the complaint to the plaintiff's claim shall be recognized. The remainder shall be dismissed.

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