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(영문) 인천지방법원부천지원 2020.11.25 2020가단3507

대여금

Text

The defendant's KRW 50,000,000 to the plaintiff as well as 6% per annum from May 28, 2020 to November 25, 2020.

Reasons

1. The description of “the cause of the modified claim” as shown in the [Attachment of Claim].

2. Article 208 (3) 3 of the Civil Procedure Act:

3. The Plaintiff asserts that the repayment period of the loan was set on December 25, 201 between the Defendant and the Defendant, and sought damages for delay from December 25, 201. However, there is no evidence to acknowledge this, the Plaintiff recognized only the damages for delay from May 28, 2020, which is the day following the delivery date of the copy of the complaint, and the exceeding portion is dismissed.

In addition, the plaintiff argues that Article 55 (1) of the Commercial Act is applied to the plaintiff as a merchant and that the plaintiff can claim legal interest. However, since there is no evidence to prove that the plaintiff is a merchant, this part of the plaintiff's assertion is rejected