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(영문) 인천지방법원 2019.05.23 2017가단41094
대여금
Text

1. The defendant shall be the plaintiff.

(a) KRW 100,000,000 as well as 5% per annum from December 1, 2016 to December 27, 2017; and

Reasons

1. Facts of recognition;

A. The Plaintiff lent money to the Defendant as indicated in the following table:

Application of the agreed interest rate on temporary loan No. 100 million won on October 26, 2015 (3.7% per annum as at the time the loan was made) applying the interest rate on land-backed loan to the Corporation (3.7% per annum as at the time the loan was made) on October 30, 2016, applying the interest rate on land-backed loan to KRW C BankLH on November 8, 2016, applying the interest rate on land-backed loan to KRW 80 million on October 30, 2017, applying the interest rate on land-backed loan to KRW C BankLH on November 30, 2016, applying KRW 20 million on November 30, 2016.

B. The Plaintiff’s interest rate on land-backed loans is 3.60% per annum from December 1, 2016 to April 30, 2017; 3.48% per annum from May 1, 2017 to October 31, 2017; 3.68% per annum from November 1, 2017 to April 30, 2018; 3.89% per annum from May 1, 2018 to October 31, 2018; and 4.17% per annum from November 1, 2018 to April 30, 2019.

C. The Plaintiff and the Defendant completed the settlement of accounts by replacing the interest, etc. by November 30, 2016 on each of the above claims with the construction cost to be paid to the Defendant.

[Ground of recognition] A without any dispute, entry of Gap's 1 through 4 (including tentative number) and the purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff interest or delay damages from December 1, 2016 to the date of full payment, which the Plaintiff and the Defendant completed the settlement of interest or delay damages.

B. Article 397(1) of the Civil Code provides that the interest rate applied or the rate of delay damages shall be calculated by applying the statutory interest rate to the amount of damages for non-performance of monetary obligations, and the proviso provides that “However, if there is an agreement that does not violate the limitation of the statute, it

The provisions of this proviso apply only to cases where the agreement is at least the statutory interest rate, and if the agreement rate is lower than the statutory interest rate, damages for delay will be determined at the statutory interest rate returned to the main text.

First, it shall take precedence.

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