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(영문) 대전지방법원 2015.10.28 2015가합2649
대여금
Text

1. The Defendant: (a) KRW 380,00,000 for the Plaintiff and the Plaintiff’s annual rate from April 11, 2014 to August 6, 2015; and (b) August 7, 2015.

Reasons

The following facts are recognized if the facts of recognition as to the cause of the claim included in Gap evidence Nos. 1 and 2 added the purport of the whole argument:

From July 1, 2006 to September 1, 2008, the Plaintiff lent a total of KRW 380,000 to the Defendant without setting the due date.

On January 5, 2009, the Defendant promised the Plaintiff to pay the above borrowed amount of KRW 2,00,000 each month from January 5, 2009 to the Plaintiff.

On March 18, 2014, the Plaintiff sent to the Defendant, by April 10, 2014, a content-certified mail demanding the performance of the above loan obligation, which reaches the Defendant around that time.

Judgment

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 380,000,000 won and damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act from April 11, 2014 to August 6, 2015, which the original copy of the payment order of this case received from the defendant, as requested by the plaintiff, and 20% per annum as stipulated in Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from the following day after receiving a claim for performance from the plaintiff, unless there are any special circumstances.

The Plaintiff may claim damages for delay calculated at the rate of 20% per annum pursuant to the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the date of arrival of the original copy of the instant payment order to the date of full payment. However, according to Article 3(1) main sentence of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings amended on September 25, 2015, and Article 2(2) of the Addenda of the aforementioned Act, the statutory interest rate under Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for a case for which the first instance trial proceedings have not been concluded as of October 1, 2015, which is pending in the court as of September 30, 2015, is 20% per annum pursuant to the previous provisions until September 30, 2015, and from October 1, 2015.

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