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(영문) 수원지방법원안양지원 2015.11.04 2015가단9194
대여금
Text

1. As to KRW 120,00,000 among the Plaintiff and KRW 85,00,000 among them, the Defendant shall start from July 3, 2015 to September 30, 2015.

Reasons

1. In settling the existing monetary transaction with the Plaintiff around December 23, 2008, the Defendant, with the indication of the claim, prepared and delivered to the Plaintiff two copies of the loan certificate (i) the principal amount of KRW 50 million, the due date of repayment of the principal amount of KRW 35 million, the due date of payment of the principal amount of KRW 35 million, February 3, 2009, the principal amount of KRW 35 million, and the due date of payment of March 3, 2009). The Defendant is obligated to pay to the Plaintiff the sum of the above borrowed amounts of KRW 120 million, and delay damages therefrom.

2. Article 208 (3) 1 of the Civil Procedure Act.

3. Part concerning partial dismissal

A. The Plaintiff claimed damages for delay with respect to KRW 85 million from the date of filing a lawsuit. The Plaintiff claimed damages for delay calculated at the rate of 20% per annum from the day after the copy of the complaint in this case was served to the day of complete payment. However, “the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings” was amended, and the first instance trial was not concluded until October 1, 2015, with respect to the statutory interest rate of the case until September 30, 2015, the annual interest rate of KRW 20% under the former provisions until September 30, 2015, and the annual interest rate of KRW 1.5 million from October 1, 2015 to the day after the date after the amendment was served, and the remainder of the annual interest rate of KRW 85 million from the day after the date after the date of serving the copy of the complaint in this case to the day after the date of complete payment is dismissed.

B. The Plaintiff claimed damages for delay with respect to KRW 35 million increased by applying for change of the purport of the claim and claimed damages for KRW 35 million at the rate of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment. However, the claim amount at the time of the instant lawsuit is merely KRW 85 million, and the above KRW 35 million is merely a delivery day of a copy of the application for change of the claim of this case with respect to KRW 35 million.

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