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(영문) 대구지방법원안동지원 2015.12.09 2015가단4078
대여금
Text

1. The defendant shall pay to the plaintiff KRW 22,00,000 as well as 5% per annum from February 10, 2003 to July 6, 2005 and July 7, 2005.

Reasons

1. On August 25, 2005, the Plaintiff filed a lawsuit for the loan claim against the Defendant (Seoul District Court Branch Branch of 2005Kadan62), and was sentenced to the judgment in favor of the Plaintiff on August 25, 2005, and the above judgment became final and conclusive on September 10, 2005.

Therefore, the defendant has a claim against the plaintiff for the loans of KRW 22,00,000 and the damages for delay calculated at the rate of 5% per annum from February 10, 2003 to July 6, 2005 and 20% per annum from the next day to the day of full payment.

The Plaintiff filed the instant lawsuit on September 2, 2015 for the interruption of extinctive prescription.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

3. Part of the dismissed part of the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective October 1, 2015) and Article 2(2) of the Addenda of the same Act, among the Plaintiff’s claims for loans, etc. against the Defendant pursuant to Article 2(2) of the Addenda, etc., the part exceeding the rate of 15% per annum after October 1, 2015 is dismissed.

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