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(영문) 수원지방법원 2015.09.23 2015나8305
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum, which is the highest interest rate prescribed by the Interest Limitation Act, as the interest rate of KRW 13,00,000 on May 14, 2013, and KRW 5,00,000 on July 1, 2013, and KRW 3,00,000 on July 10, 2013, to the Defendant. There is no dispute between the parties. However, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 13,00,000 on July 11, 201 to the day of full payment, as the Plaintiff seeks, as the agreement is within the agreed rate of KRW 13,00,000 on the borrowed principal and the day of full payment.

As to this, the Defendant paid interest to the Plaintiff by March 15, 2014, the Defendant asserted to the effect that the Plaintiff’s claim for interest of KRW 1,160,000, which was sought by the Plaintiff is unjust. However, the Plaintiff’s claim for interest or delay damages incurred from January 22, 2015 from the first date of pleading of the court of first instance on the date of pleading of the court of first instance on January 22, 2015 to claim interest of KRW 13,00,000 for principal and interest and delay damages incurred from July 11, 2014, without claiming the interest or delay damages incurred from July 22, 2014, is reduced, the Defendant’

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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