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(영문) 서울동부지방법원 2015.07.13 2015가단1735
대여금
Text

1. The Defendant’s KRW 45,00,000 as well as the Plaintiff’s annual rate of 12% from April 11, 2011 to June 4, 2015, and the following.

Reasons

According to Gap evidence Nos. 4 and 5, the plaintiff lent 60,000,000 won to C on February 27, 2009 as interest rate of 5% without due date. The defendant jointly and severally guaranteed the obligation. The defendant prepared a payment certificate to repay the above obligation by January 12, 2010 and delivered it to the plaintiff on October 16, 2009. The plaintiff decided to reduce the above interest rate of 1% per month and the fact that the amount exceeding 45,00,000 won out of the leased principal was repaid to the plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of 12% per annum from April 10, 201 to June 4, 2015, and delay damages at the rate of 20% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as the Plaintiff’s claim for this case is with merit. It is so decided as per Disposition by the assent of all participating Justices.

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