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(영문) 인천지방법원 2021.03.19 2020가합182
대여금
Text

1. The defendant shall pay 671,448,940 won to the plaintiff and 223,330,000 won among them to the day of complete payment.

Reasons

1. Indication of claim;

A. On October 13, 2009, the Plaintiff filed a payment order against the Defendant with the Incheon District Court Decision 2009j. 14988, and on October 13, 2009, the Plaintiff received a payment order stating that “the Defendant shall pay damages for delay at a rate of 20% per annum from the day following the day when the original copy of the instant payment order was served to the Plaintiff, and from the day when the payment order was served to the day of complete payment.” The above payment order was served to the Defendant on October 19, 2009, and became final and conclusive on November 3, 2009.

B. Accordingly, the Plaintiff’s lawsuit of this case is brought to extend the statute of limitations on the Plaintiff’s loan claim against the Defendant based on the above finalized payment order.

(c)

Details 1) The principal of the loan: 223,30,00 won (2) the amount of delayed damages ① The amount of delayed damages calculated at the rate of 20% per annum from October 20, 2009 to October 30, 2019, which is 3,63 days from October 20, 209 to October 30, 2019; the number of days from October 20, 2009 to October 30, 2019; the amount of delayed damages calculated at the rate of 223,30,000 won per annum 20% per annum for the same period is 448,250,843 won (=23,30,000 x 223,630 x 3,6365 x 3,6365 x 365 days) is recognized as the Plaintiff’s claim within the scope of the amount.

② As to the principal of the above loan, damages with 12% interest per annum from the day after the day of service of the duplicate of the complaint of this case to the day of complete payment.

2. Judgment deemed as a confession under the applicable law (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act).

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