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(영문) 서울북부지방법원 2019.02.19 2018가단18235
대여금
Text

1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and KRW 20% per annum from November 14, 2008 to September 30, 2015.

Reasons

1. Comprehensively taking account of the purport of the entire arguments as to evidence Gap evidence Nos. 1, 2, and 3, the plaintiff lent to the defendant at an annual interest rate of 3 million won on October 30, 2001 and 15 million won on December 15, 2001; the plaintiff filed an application for payment order against the defendant as Seoul Eastern District Court 2008Guj8030, and the above court issued the payment order on September 3, 2008 that "the defendant shall pay to the plaintiff five million won and damages for delay calculated at a rate of 20% per annum from the day after the original copy of the payment order was served to the plaintiff on November 13, 2008 and it can be acknowledged that the above payment order was served to the defendant on December 28, 2008 and confirmed on December 28, 208.

Therefore, the Defendant is obligated to pay to the Plaintiff 50,000,000 won with 20% per annum from November 14, 2008 to September 30, 2015, and 15% per annum from the next day to the day of full payment (amended by Presidential Decree No. 26553, Sep. 25, 2015; the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, which was enforced from October 1, 2015, shall be 15/10 per annum, by providing that “The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be 15/100 per annum.”

3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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