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(영문) 춘천지방법원원주지원 2015.11.10 2015가단2880
대여금
Text

1. The Defendant: (a) KRW 45,00,000 for the Plaintiff and 5% per annum from March 27, 2015 to April 24, 2015.

Reasons

Around 2001, the Plaintiff lent KRW 45 million to the Defendant; the Defendant, upon the Plaintiff’s demand on March 26, 2012, agreed with the Plaintiff to pay the said KRW 45 million by March 26, 2015, does not conflict between the parties.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 45 million won with 5% per annum as stipulated in the Civil Act from March 27, 2015 to April 24, 2015, the delivery date of the original copy of the instant payment order from March 27, 2015, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment (for the Plaintiff’s claim for delay damages of 20% per annum after October 1, 2015, the portion on which the Defendant seeks delayed payment damages of 20% per annum as revised by Presidential Decree No. 26553, Sept. 25, 2015, to the extent of recognition under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings and Article 2(2) of the Addenda thereto).

The defendant asserted that the plaintiff had extended the due date on March 27, 2015 to March 26, 2018, but there is no evidence to acknowledge this. Therefore, the above assertion is without merit.

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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