logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.11.05 2015가합1451
대여금
Text

1. The Defendant’s KRW 1,541,944,230 as well as 20% per annum from May 9, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. The facts that the plaintiff lent KRW 1,678,60,000 to the defendant around February 28, 2005 without fixing the due date may be acknowledged in full view of the overall purport of the pleadings in the statement of evidence No. 1, and the plaintiff was paid KRW 136,65,70 out of the above money.

According to the facts found above, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,541,94,230 and the delay damages calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 9, 2015 to September 30, 2015 when one month, which appears to be a considerable period for repayment of debts, in light of the date, amount, etc. of the loan from April 9, 2015 when the original copy of the instant payment order was served on the Defendant to the effect that the repayment would be notified.

(1) The Plaintiff is liable to pay damages for delay calculated at the rate of 20% per annum from the day following the delivery date of the original payment order in this case until the day of full payment. However, the statutory interest rate of Article 3(1) main sentence of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings amended by Presidential Decree No. 26553, Sept. 25, 2015; and Article 2(2) of the Addenda of the same Act apply mutatis mutandis to the statutory interest rate of 20% per annum until September 30, 2015; and 15% per annum after October 1, 2015, respectively. Thus, the Plaintiff’s damages for delay exceeds the rate of 15% per annum from October 1, 2015 to the day of full payment). The Plaintiff’s damages for delay constitutes a loan for consumption with a reasonable period of time from September 21, 2010 to the delivery date of the original payment order in this case.

arrow