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(영문) 울산지방법원 2015.05.14 2014가합7755
대여금
Text

1. The Defendant’s KRW 142,30,000 and its annual rate shall be 5% from March 28, 2008 to May 14, 2015 to the Plaintiff.

Reasons

On May 22, 2006, the Plaintiff loaned KRW 142,300,00 to the Defendant on 19 occasions from the above date to March 27, 2008, including lending KRW 1.5 million to the Defendant on 1.5.22.206, and the fact that the Plaintiff lent KRW 142,30,000 to the Defendant on 19 occasions does not have any dispute between the parties, or that the Plaintiff may recognize the Plaintiff’s lending of KRW

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 142,30,000 and damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from March 28, 2008, which is the day following the last lending date, until May 14, 2015, which is the sentencing date of this case, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

(1) The plaintiff filed a claim of KRW 127,30,000 at the time of the first lawsuit, and thereafter claimed 20% damages for delay from the day following the day when the copy of the complaint was served. However, with respect to the extended part of the claim, the statutory interest rate of 15,00,000 won from the day after the delivery of the application for modification of the purport of the claim is applied in principle. Since the plaintiff's claim for delay damages exceeding 5% per annum from the day after the delivery of the copy of the complaint to the day of delivery of the application for modification of the purport of the claim is without merit, the plaintiff's claim for delay damages exceeding 15,00,000 won extended from the day after the delivery of the copy of the complaint to the day of delivery of the application for modification of the purport of the claim is deemed to have been partially dismissed, the plaintiff's claim is justified within the scope of the above recognition, and the remainder of the claim is dismissed, and it is so decided as per Disposition.

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