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(영문) 전주지방법원 2015.07.24 2015가단9334
대여금 반환 등
Text

1. The defendant shall pay KRW 50,684 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 99.

Reasons

1. Loan amounting to KRW 2,000,000 and delayed damages

A. On July 14, 2014, the Plaintiff asserted that the Plaintiff leased KRW 2,00,000 to the Defendant with interest rate of KRW 150,00 per month, and due date of repayment on November 25, 2015. Since the Defendant did not pay interest from August 14, 2014, the Plaintiff’s interest rate of KRW 2,00,000 of the leased principal and interest rate of KRW 150,000 per month from August 14, 2014 was lost, the Defendant is obligated to pay the interest rate of KRW 2,00,000 of the leased principal to the date of full payment.

B. On July 14, 2014, the Plaintiff lent interest of KRW 2,00,00 to the Defendant on a fixed date on November 25, 2015. However, it is recognized that the repayment period of the loan was not yet arrived at as of the closing date of pleadings in the instant case, and there is no evidence to prove that the Defendant, as alleged by the Plaintiff, did not constitute a cause for loss of interest under Article 388 of the Civil Act, even if the Defendant delayed payment of interest, it does not constitute a cause for loss of interest under Article 388 of the Civil Act, and thus, the benefit of the due date was lost.

Therefore, the part of the Plaintiff’s claim for the leased principal is without merit.

However, the Defendant is obligated to pay 50,684 won interest calculated at the rate of 30% per annum prescribed by the Interest Limitation Act from August 14, 2014 to July 14, 2015, which is the closing date of the instant pleadings.

(A) On February 2, 200, the part of the claim for damages amounting to KRW 60,000,000 is without merit). The plaintiff sought compensation against the defendant by asserting that the defendant had suffered from mental suffering through intimidation multiple times as shown in the attached Form. However, it is insufficient to recognize the plaintiff's assertion only by the descriptions and images of the evidence Nos. 2 and 3, and there is no other evidence to acknowledge it.

Therefore, this part of the claim is without merit.

3. Thus, the plaintiff's claim is partially accepted only within the scope of the above recognition, and the remaining claims are made.

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