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(영문) 수원지방법원 2016.06.09 2016가단918
대여금
Text

1. As to KRW 48,00,000 and KRW 33,000,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from June 22, 2012 to June 9, 2016.

Reasons

Description of Claim

The Plaintiff had a claim of KRW 33 million (including KRW 1 million in cash) in total with a loan and overdue wage (including a loan = KRW 30 million on May 22, 2009 (including KRW 1 million in cash) on August 20, 2009, KRW 3 million on September 24, 2009, KRW 6 million on November 24, 2009, KRW 4 million on November 24, 2009, KRW 3 million on December 5, 2009) to the Defendant.

On March 22, 2012, the Defendant entered into an agreement with the Plaintiff on March 2, 2012, and agreed to pay the Plaintiff KRW 48 million plus interest of KRW 15 million by June 21, 2012.

Therefore, the defendant is obligated to pay to the plaintiff 48 million won with 5% per annum as stipulated by the Civil Act from June 22, 2012 to the delivery date of a copy of the complaint of this case, and 15% 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.

The judgment by the confession of applicable provisions of law (Article 208(3)2 and Article 150(3) of the Civil Procedure Act). Some of the dismissed plaintiffs claim damages for delay on the full amount of KRW 48 million.

However, even according to the plaintiff's assertion, there is no welfare agreement between the plaintiff and the defendant, and there is no interest rate of 15 million won among them.

Therefore, the part concerning interest 1.5 million won cannot be recognized among the plaintiff's damages for delay.

In addition, since part of the plaintiff's claim cannot be accepted as above, it is reasonable for the defendant to resist the existence and scope of the obligation until the decision is rendered.

Therefore, the interest rate of 5% per annum under the Civil Code, which is not 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, should be applied to delay damages up to the date of this judgment on the principal amount of 33 million won.

Any excess part of the Plaintiff’s damages for delay may not be recognized.

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