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(영문) 대구지방법원경주지원 2019.10.02 2019가단1483
대여금
Text

1. The defendant shall pay to the plaintiff KRW 151,80,000 as well as KRW 150,000 among them, from June 4, 2019 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 8 as to the cause of the claim, the plaintiff may recognize the fact that on March 12, 2018, the plaintiff lent KRW 150 million to the defendant at an annual interest rate of 4.8% (payment of KRW 600,000 per month, KRW 12,000 per month) and the due date of payment as March 11, 2019, and the plaintiff has received interest from the defendant until February 12, 2019.

According to the above facts, since the defendant's interest rate of KRW 150 million and its interest rate of KRW 180,000 for three months from February 13, 2019 to May 12, 2019 sought from the plaintiff (=600,000 won x three months), 150,180,000 won (=150,000 won 1.8 million won) and its interest rate of KRW 12% per annum under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 4, 2019 to the date of full payment, the defendant's claim for delayed payment exceeding 15,180,000 won per annum under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 21, 2019 to the date of full payment. Thus, the part of the plaintiff's annual interest rate of Article 15 (15.

Any person shall be liable to pay damages for delay at the ratio of such damages.

2. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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