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(영문) 서울중앙지방법원 2020.05.20 2019가합566821

대여금

Text

1. The defendant shall pay 273,001,200 won to the plaintiff and 12% per annum from October 12, 2019 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings as to the Plaintiff’s claim Nos. 1 and 2, it is recognized that the Plaintiff remitted total of KRW 273,001,20 to the Defendant several times from May 15, 2015 to December 1, 2017.

If there is no deadline for performance of obligation, the obligor is liable for delay from the time of receipt of the claim for performance (Article 387(2) of the Civil Act). The Defendant is liable for delay from October 12, 2019, following the delivery of a copy of the instant complaint indicating the Plaintiff’s intent to request performance.

Thus, the defendant is obligated to pay to the plaintiff the above 273,01,200 won as well as damages for delay at the rate of 12% per annum from October 12, 2019 to the date of full payment after the delivery of a copy of the complaint of this case.

2. The plaintiff's claim of this case is justified and it is so decided as per Disposition.