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(영문) 서울중앙지방법원 2015.12.24 2015가합10412
대여금
Text

1. The Plaintiff:

A. As regards Defendant B, 550,000,000 won and 200,000,000 won among them, Defendant B, from September 1, 2005, and 350,000 won.

Reasons

1. Determination as to the claim against the defendant B

A. Claim No. 1) The Plaintiff loaned to the Defendant B, ① KRW 15 million around July 28, 2005, and KRW 95 million around August 10, 2005, respectively, on or around the end of August 10, 2005. ② Around that time, additional KRW 470 million was due and extended on or around February 10, 2006. Accordingly, Defendant B is obligated to pay to the Plaintiff KRW 55 million (= KRW 1500,000,000 KRW 95,50,000 KRW 47,000,000 won, which is sought by the Plaintiff from the day following the due date to the due date to the due date to the due date to the due date of repayment of KRW 200,000,0000,0000 to the day following the due date to the due date to the due date to the due date of repayment of each of the two hundred and fifty million,000,000 won.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

C. On October 1, 2015, the Plaintiff seeking payment of damages for delay calculated at the rate of 20% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., even for the period after October 1, 2015.

However, the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., which was wholly amended by Presidential Decree No. 26553 on September 25, 2015 and enforced on October 1, 2015, provides that “The statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be 15/100 per annum.” Article 2 (2) of the Addenda provides that “The statutory interest rate under the previous provision shall be the interest rate until September 30, 2015 with respect to the case in which the first instance trial is pending in the court at the time this Decree enters into force, and from October 1, 2015, it shall be governed by the amended provisions of this Decree.” Thus, since the instant pleadings have not been concluded at the time of October 1, 2015, the enforcement date of the aforementioned provision, each of the above loans.

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