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(영문) 대구지방법원김천지원 2019.10.31 2019가단2199
대여금
Text

1. The Defendant’s KRW 70,000,000 as well as the annual amount of KRW 15% from May 18, 2019 to May 31, 2019, and the following.

Reasons

Comprehensively taking account of the description of evidence No. 1 and the purport of the entire pleadings in the testimony of the witness C, the Defendant is obligated to pay to the Plaintiff KRW 70,000,000 to the Plaintiff who succeeded to the Defendant’s claim against the Defendant until December 30, 2017. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from May 18, 2019 to May 31, 2019 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., which is obviously a date following the delivery date of the original copy of the instant payment order sought by the Plaintiff, as the payment deadline for the said KRW 70,00,000 and the damages for delay calculated at the rate of 12% per annum from the next day to the date of full payment.

(Plaintiff filed for the payment of damages for delay calculated at the rate of 15% per annum even during the period after June 1, 2019, but only recognizes damages for delay calculated at the rate of 12% per annum pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the Plaintiff’s assertion as to damages for delay in excess thereof is without merit). Accordingly, Plaintiff’s claim is accepted within the scope of recognition as above, and the remainder is dismissed as it has no reason. It is so decided as per Disposition.

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