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(영문) 서울중앙지방법원 2019.07.05 2018가합569717
대여금
Text

1. The Defendant: 230,630,720 won to Plaintiff A and 15% per annum from March 14, 2019 to May 31, 2019; and

Reasons

1. In full view of the purport of the entire pleadings as to Plaintiff A’s claim, the fact that Plaintiff A lent KRW 230,630,720 to the Defendant by means of delivery, account transfer, or substitute payment, etc. as shown in the separate sheet can be acknowledged.

According to the above facts, the defendant asserted that the plaintiff A, who seeks a partial claim against the plaintiff A, owns interest claim of KRW 17,310,000 to the defendant, and only the original and its delay damages are claimed in this case.

230,630,720 won and damages for delay calculated by the rate of 15% per annum from March 14, 2019 to May 31, 2019, which is the day following the delivery date of a copy of the complaint of this case, and 12% per annum from the next day to the day of complete payment, as requested by Plaintiff A.

2. In full view of the purport of the entire pleadings as to Plaintiff B’s claim, it is recognized that Plaintiff B loaned money to D around 2015, D lent KRW 42,00,000 to the Defendant around April 18, 2016, and that the Defendant agreed to pay KRW 42,00,000 out of D’s debt against Plaintiff B on April 18, 2016, while accepting KRW 42,00,000 among the debt against Plaintiff B by August 30, 2016.

Therefore, the Defendant is obligated to pay 23,00,000 won remaining after deducting the amount of KRW 19,000,000 (=42,00,000 - 19,000,000) from the date following the due date for payment for the Plaintiff B from August 31, 2016 to March 13, 2019, the delivery date of a duplicate of the complaint of this case, 5% per annum under the Civil Act, from the following day to May 31, 2019, and 15% per annum under the Special Act, from the next day to May 31, 2019, and damages for delay calculated at 12% per annum under the aforesaid Special Act from the next day to the date of complete payment.

3. The plaintiffs' claims against the defendant are justified, and all of them are accepted. It is so decided as per Disposition.

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