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(영문) 서울서부지방법원 2016.09.29 2016가단8865
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 26 million with 15% per annum from September 30, 2016 to the day of complete payment.

Reasons

The facts that the Plaintiff lent KRW 26 million to the Defendant on March 6, 2012 can be acknowledged in full view of the entire purport of the pleadings as stated in the evidence Nos. 1 and 2 (including additional numbers). Therefore, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the pronouncement of the instant judgment sought by the Plaintiff, from September 30, 2016 to the day of full payment, barring any special circumstance.

In regard to this, the defendant filed a lawsuit separately from the lawsuit in this case against the plaintiff, which is alleged to be in the relation of double litigation by both parties. However, the defendant's assertion is without merit, since the cause of the claim and the parties are different from the lawsuit in this case, it does not constitute double litigation.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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