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(영문) 대구지방법원 2016.02.05 2015가단28460
대여금
Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual rate from March 3, 2012 to July 29, 2015, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned KRW 30,000,000 to the Defendant on September 26, 2008 at interest rate of 12% per annum. ② On September 8, 2011, the Plaintiff determined and lent KRW 40,000,000 as interest rate of 12% per annum.

B. On September 20, 201, the Defendant repaid the Plaintiff KRW 10,000,000 out of the loan principal, and paid the interest up to March 2, 2012.

C. On April 22, 2013, the Defendant agreed to pay the Plaintiff the principal and interest of the loan by August 3, 2013.

[Ground of recognition] No dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of KRW 60,00,000 per annum from March 3, 2012 to July 29, 2015, the delivery date of the complaint, from March 3, 2012, from the following day to September 30, 2015, to the day of complete payment, 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings before the Amendment, and from the following day to the day of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. until September 30, 2015.

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

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