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(영문) 광주지방법원 2014.08.29 2014가합1364
지연손해금
Text

1. The Defendant shall pay to the Plaintiff KRW 157,984,520 as well as 20% per annum from July 4, 2014 to the day of complete payment.

Reasons

1. Indication of claim;

A. On November 11, 2004, the Plaintiff lent KRW 63,500,00 to the Defendant interest rate of KRW 2.5,000 each month, from December 11, 2004, and from November 11, 2004, from the due date of payment of interest rate of KRW 11,00 each month, and from November 11, 2005 (hereinafter “the instant loan”). On the same day, when the Defendant did not perform the loan upon commission of the Plaintiff and the Defendant, a notary public drafted a notarial deed (hereinafter “instant notarial deed”) by a law firm No. 8700 on the content of recognizing compulsory execution.

B. Although the Plaintiff did not specify the damages for delay of the instant loan between the Defendant and the Defendant, the Plaintiff appears to have paid the original agreed interest if there is no interest agreement even after the due date for the loan for consumption. As such, when calculating damages for delay from November 12, 2005 to February 24, 2014, which is the date of the instant lawsuit, the due date for payment for the said loan from November 12, 2005, the Plaintiff would be 157,984,520 won (=63,50,000 x 0.3 x 12) x (3,027/365).

C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay of the instant loan KRW 157,984,520 as well as damages for delay at the rate of 20% per annum from July 4, 2014 to the day of full payment, which is the delivery date of a copy of the instant complaint.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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