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(영문) 대구지방법원서부지원 2019.10.31 2019가합50711

대여금

Text

1. The Defendant’s KRW 295,50,000 per annum for the Plaintiff and 5% per annum from September 13, 2019 to October 31, 2019.

Reasons

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

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.

3. The Plaintiff partially dismissed part of the term of validity claimed for the payment of damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from November 17, 2009 to September 12, 2019 with respect to the instant loan claim against the Defendant from November 17, 2009, but it is insufficient to recognize that the Plaintiff and the Defendant set the term of repayment of the instant loan claim on November 16, 2009 or a specific date, and there is no other evidence to prove otherwise.

Therefore, since the above loan obligations of the defendant are obligations without fixing the time limit, the defendant is liable for delay only when the copy of the complaint of this case is served, so the plaintiff's claim exceeding the above recognition limit cannot be accepted.