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(영문) 서울중앙지방법원 2016.05.12 2015가합534765
각서금
Text

1. The Defendant: 12% per annum from January 1, 2012 to June 5, 2015, and June 6, 2015, to the Plaintiff.

Reasons

1. According to the overall purport of the statements and arguments by Gap's evidence Nos. 1 and 2 as to the cause of the claim, the defendant borrowed KRW 1.2 billion from the plaintiff and repaid KRW 300 million among them on May 20, 201, and the plaintiff and the defendant agreed to pay to the plaintiff interest of KRW 300 million up to September 20, 201 and KRW 600 million up to the end of December 201, on the remaining loan amount of KRW 90 million on May 20, 2011.

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the annual interest rate of 12% per annum from January 1, 2012 to June 5, 2015, which is the delivery date of a copy of the complaint in this case, and from June 6, 2015 to September 30, 2015, the statutory interest rate of 20% per annum under Article 3(1) main text of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and Article 3(1) main text of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).

2. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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