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(영문) 대구지방법원김천지원 2020.09.02 2020가단540
대여금
Text

1. The defendant's KRW 45,500,000 and about this, 5% per annum from March 12, 2020 to September 2, 2020, and the following.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim

(However, the creditor shall be deemed the plaintiff and the debtor). 2. Judgment by service of public notice under Article 208 (3) 3 of the Civil Procedure Act

3. Some dismissed parts of the Plaintiff claimed for the payment of interest or delay damages calculated at the rate of 10% per annum from March 26, 2013 to the Defendant’s payment of interest calculated at the rate of 5% per annum with respect to the instant loan. There is no evidence to acknowledge that the Plaintiff agreed to the interest of the Plaintiff’s assertion, and the Defendant is liable for delay from the time of receiving a claim for performance from the Plaintiff. Since the Plaintiff sought the payment of the instant loan with the original copy of the instant payment order, the part claiming for delay damages from March 26, 2013 to the time the original copy of the instant payment order is served on the Defendant is without merit.

Considering that there is a reasonable ground for dispute over the existence and scope of the obligation to pay damages for delay as to the Defendant, the part of the claim for damages for delay seeking payment in excess of 5% per annum from the day following the service of the original copy of the instant payment order until the day of rendering the judgment cannot be accepted

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