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(영문) 서울서부지방법원 2019.06.26 2019가합30846
대여금
Text

1. The defendant shall pay to the plaintiff KRW 320,00,000 as well as 5% per annum from October 1, 2009 to April 18, 2019 and the next day.

Reasons

1. Inasmuch as the Plaintiff lent KRW 320,00,000 to the Defendant, and the Defendant did not fully repay the above loans, the Plaintiff made the instant claim in order to receive 320,000,000 won that the Plaintiff lent to the Defendant and 5% per annum under the Civil Act from September 30, 2009 to the service date of a duplicate of the instant complaint, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

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

3. The plaintiff partially dismissed claimed the payment of interest or delay damages calculated at the rate of 5% per annum from September 30, 2009 to the principal of the loan. However, according to the Gap evidence No. 1, the plaintiff can only recognize the fact that the payment period was set on September 30, 2009 and the plaintiff lent 320,000,000 won to the defendant, and there is no other evidence to acknowledge the interest agreement on the above loan. Thus, the defendant is only liable to pay delay damages from October 1, 2009, which is the day following the due date for payment for the above 320,000,000 won. Thus, the part claiming the payment of the previous interest and delay damages is without merit.

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