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(영문) 서울남부지방법원 2020.05.07 2020가단205770
대여금
Text

1. The Defendant’s KRW 1,00,000,000 as well as 6% per annum from December 24, 2019 to January 2, 2020 as to the Plaintiff.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 8, the defendant provided a loan (the first loan of KRW 1.2 billion on August 11, 2014; hereinafter "the second loan") at the interest rate of KRW 1,130,00,000 on August 13, 2018, which was calculated by adding 4.3% per annum to the base rate of KRW 1,4.3% per annum to the plaintiff. On December 31, 2018, the plaintiff notified the defendant of the loss of interest on the ground that he did not pay the principal and interest of the loan of this case on the fixed date by content-certified mail, and the principal and interest of the loan of this case against the plaintiff of the defendant can be recognized as the principal and interest of KRW 1,250,362,17 won as of December 19, 209 (the second loan of this case).

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,00,00,000,000 that the Plaintiff seeks from the explicit partial claims among the principal and interest of the instant loan 1,250,362,177 and the amount of KRW 6% per annum under the Commercial Act from December 24, 2019 to January 2, 2020, which is the service date of the original copy of the instant payment order from the next day to May 31, 2019, the amount of KRW 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, and the amount of KRW 12% per annum under the same Act from the next day to the day of full payment.

(The statutory interest rate stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings applies from the day following the day on which a complaint or equivalent document was served on the debtor. Thus, the part claiming damages for delay under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is without merit, which was amended by Presidential Decree No. 29768, May 21, 2019, and enforced from June 1, 2019, pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, which was enforced from June 1, 2019, the part claiming damages for delay exceeding the rate of 12% per annum from June 1, 2019 among the plaintiff's claims is without merit).

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