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(영문) 수원지방법원 2017.10.17 2017가합10308
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 450,00,000 and the interest rate of KRW 15% per annum from May 31, 2017 to the date of full payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs 1, 2, and 3-1, 2, and 3-3, the Plaintiff loaned KRW 450,000 to the Defendant on May 9, 200, and the Plaintiff notified the Defendant of the payment of each of the above loans on July 18, 2013, and on October 22, 2013, and July 16, 2014.

According to the above facts, the defendant is obligated to pay the plaintiff the above loan 450,000,000 won and damages for delay calculated at the rate of 15% per annum from May 31, 2017 to the date of full payment, which is clear from the day following the day when the copy of the application for the payment order of this case was served on the defendant.

(1) The plaintiff filed a claim for the payment of the above loan by the method of the original payment order, and claimed for the payment of damages for delay from the next day of the service date of the original payment order for the above loan. However, since the original of the above payment order was not served on the defendant, the plaintiff filed a claim for the payment order pursuant to Article 466(1) of the Civil Procedure Act so that the service to the defendant was conducted by public notice, and thereafter the service to the defendant was made by public notice, and the copy of the application for the payment order of this case was served on the defendant. Thus, the part of the plaintiff's claim for damages for delay against the above loan of this case was served on the defendant. The plaintiff's claim for damages for delay is with merit, and it is so decided as per Disposition

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