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(영문) 서울남부지방법원 2016.08.19 2016가단17983
대여금
Text

1. From July 13, 2013 to April 6, 2016, the Defendant paid KRW 59 million to the Plaintiff and KRW 53 million among them.

Reasons

While the Plaintiff had loans and loans worth KRW 53 million against the Defendant, on April 13, 2010, the Plaintiff drafted a notarial deed with respect to promissory notes payable at sight on the date of payment, February 4, 2010, and agreed to pay interest of KRW 53 million per month. On July 12, 2013, the Plaintiff prepared a notarial deed with respect to KRW 400,000,000,000 including interest that was not paid during the period to the Plaintiff on July 12, 2013. The Plaintiff paid KRW 40,000 per month as of the 25th day of each month, and even before the date of maturity of payment, the fact that the obligor agreed to pay the principal and interest without objection is not disputed between the parties, or is recognized by the purport of the pleading as stated in subparagraph 1, subparagraph 2, and subparagraph 2.

According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 53 million per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from July 13, 2013 to April 6, 2016, which is the delivery date of the instant payment order, to KRW 59 million for the principal and interest KRW 60 million until July 12, 2013, and KRW 53 million for the principal and interest KRW 59 million among the interest accrued until July 12, 2013.

If so, the plaintiff's claim is justified.

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