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(영문) 서울동부지방법원 2016.08.24 2016가단21415

대여금

Text

1. The Defendant’s KRW 30,000,000 as well as 5% per annum from August 6, 2016 to August 24, 2016 to the Plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The Plaintiff seeking payment of interest or delay damages on KRW 30,00,000 of the leased principal at the rate of 5% per annum from May 13, 2008 to the rendering of a judgment. However, inasmuch as there is no evidence to prove that there was an agreement on the repayment period, its delay liability is due from the date following the date on which the Plaintiff notified the repayment of the loan within a reasonable period and the extended period for the performance notice has expired pursuant to Article 603(2) of the Civil Act. Since there is no evidence to acknowledge the fact that the Plaintiff notified the Defendant of the repayment of the loan prior to the filing of the lawsuit in this case, it is reasonable to deem that the repayment period for the loan was due on the record that the Plaintiff was due on the date on which the copy of the complaint in this case, stating the Plaintiff’s declaration of intent on the loan in this case, was delivered to the Defendant, and on August 5, 2016

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from August 6, 2016 to August 24, 2016, which is the day following the above payment period, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the Defendant is not allowed to accept a claim for damages for delay from May 13, 2008 to August 5, 2016.