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(영문) 부산지방법원 2018.02.21 2017가합2154
대여금
Text

1. The defendant shall pay to the plaintiff KRW 348,263,012 and KRW 120,000 among them, from December 17, 2017 to the date of full payment.

Reasons

1. Indication of claim;

A. In Busan High Court Decision 2007Na7386, August 20, 2007, the conciliation was concluded between the Plaintiff and the Defendant that “the Defendant shall pay KRW 120,000,000 to the Plaintiff by December 31, 2007. If the Defendant exceeds the above period, the Defendant shall pay the unpaid amount plus the interest calculated at the rate of 20% per annum from the next day to the day of full payment.”

B. The Plaintiff filed the instant lawsuit on July 6, 2017 for the interruption of extinctive prescription, as the extinctive prescription period for the claim based on the above conciliation has expired.

C. The Defendant is obligated to pay to the Plaintiff the amount of KRW 120,00,000 (=120,000,000 per annum x 20% per annum x 20% per annum x 187 days per annum from January 1, 2008 to July 6, 2017) as to KRW 348,295,890 for the Plaintiff’s principal and KRW 120,000,00 per annum from the day following the delivery date of a copy of the instant complaint to the day of full payment, and damages for delay calculated at the rate of KRW 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day following the day of delivery of a copy of the instant complaint.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. Some of the rejection parts also claim against the Defendant for damages for delay incurred until July 6, 2017, in addition to the principal, 228,295,890 won. However, this exceeds the scope of the claim based on the above adjustment. Thus, the Plaintiff’s claim for damages for delay is without merit.

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