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(영문) 서울중앙지방법원 2015.08.20 2015가합11248
대여금
Text

1. The defendant,

A. The Plaintiff A’s KRW 700,000,000 per annum from August 20, 2005 to June 11, 2015; and

Reasons

1. Indication of claim;

A. On May 19, 2005, Plaintiff A entered into a monetary loan agreement with the Defendant on a loan of KRW 400 million, loan of KRW 300 million, and construction payment of KRW 300 million. The Defendant, until August 19, 2005, paid in kind the Plaintiff the above KRW 1,078 square meters and the above KRW 700 million to the Plaintiff, but the Defendant agreed to pay the Plaintiff the above KRW 70 million to the Plaintiff immediately if the above payment was not made by the payment due date. 2) However, the above payment was not made by August 19, 2005, and the Defendant had the obligation to pay the Plaintiff the above KRW 70 million and its payment due date from August 20, 2005 to the delivery date of a duplicate of the complaint of this case by 5% per annum as stipulated in the Civil Act, and the damages for delay calculated by 20% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

B. On May 19, 2005, Plaintiff B lent KRW 100 million to the Defendant, and the Plaintiff agreed to pay KRW 25 million up to July 10, 2005, and KRW 75 million up to May 19, 2006, respectively. (2) The Defendant did not fully pay KRW 100 million to the Plaintiff by the above maturity date. As to KRW 100 million and KRW 25 million from July 11, 2005, the above maturity date, and KRW 75 million from May 20, 2006 to the delivery date of a copy of each complaint of this case, the Defendant is obligated to pay each of the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the next day to the day of the above maturity date to the day of the delivery of a copy of each complaint of this case, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

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

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