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(영문) 청주지방법원 2017.01.25 2016가합1059
대여금
Text

1. The defendant shall pay to the plaintiff KRW 250,00,000 and KRW 200,000 among them, from December 29, 2016 to the date of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. The part partially dismissed with respect to damages for delay.

A. The Plaintiff’s assertion is entitled to the payment of KRW 250,00,000 ( KRW 200,000,000 as loans from March 8, 2007 to April 30, 2010 and KRW 50,000 as loans thereafter) per annum from November 6, 2012 to December 28, 2016, the delivery date of a duplicate of the instant complaint, and damages for delay by 15% per annum from the next day to the date of full payment.

B. 1) First of all, the Plaintiff’s assertion on damages for delay exceeding the rate of 15% per annum from December 29, 2016 to the date of full payment is without merit, and the remainder of 50,000,000,000 won per annum from 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning the Settlement of Legal Proceedings”) is insufficient to deem that the repayment obligation of the loan was due on the sole basis of Gap’s evidence No. 1, and there is no other evidence to acknowledge otherwise. Thus, the Plaintiff’s claim on damages for delay exceeding the rate of 10,000,000 won per annum from 20,000,000 won per annum from 20,000,000 won per annum from 20,000,000 won per annum from 20,000,000 won per annum 13,215,201.

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