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(영문) 춘천지방법원영월지원 2016.01.28 2015가합122
대여금
Text

1. The defendant shall grant to the plaintiff (appointed party) KRW 52,285,714, KRW 34,857,142, respectively, and each of them.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1, 2, and 3 (including each number), as to the cause of the claim, the deceased E set KRW 2,00,000 on April 16, 2012 as the due date of reimbursement on June 8, 2012; KRW 10,000 on May 16, 2012 as the due date of reimbursement on May 31, 2012; KRW 30,000 on June 15, 200,000 as the due date of reimbursement on June 30, 2012; KRW 30,000 on June 30, 201; KRW 30,000 on June 30, 201; KRW 30,000 on June 4, 201; and KRW 30,000 on June 30, 201; and the deceased’s spouse may be appointed as the due date of reimbursement on 20.10.10

According to the above facts, the defendant is obligated to pay to the plaintiff (appointed party) 52,285,714 won (=122,00,000 won x 3/7,000 won x less than won ; hereinafter the same shall apply) 34,857,142 won (i.e., 122,00,000 won x 22,000,000 won x 2/7) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 15, 2015 to the day of full payment, which is the day following the day on which the complaint of this case was served to the defendant as the due date, as sought by the plaintiff (appointed party).

[Plaintiff (Appointed Party) sought payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery of the complaint. However, the interest rate under the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Sept. 25, 2015; effective October 1, 2015) is 15% per annum, and thus, the Plaintiff (Appointed Party)’s claim is rejected. The Defendant asserted that part of the payment was made, but there is no evidence to acknowledge it, and the Defendant’s assertion is without merit.

2. Conclusion.

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