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(영문) 서울남부지방법원 2020.09.17 2020가단3431

대여금

Text

The defendant shall pay 37,085,150 won to the plaintiff and 12% per annum from August 7, 2020 to the day of complete payment.

Reasons

1. Indication of claims: The description of "the grounds for the modified claims" is as shown in the attached Form.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Partial dismissal: The evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff lent KRW 2 million to the Defendant, and there is no other evidence to prove otherwise.

In addition, the Plaintiff sought damages for delay from March 2, 2017, but there is no evidence to prove that the instant loan had a due date, and therefore, the Plaintiff shall be held liable for delay from the date following the date of receipt of the notice of performance. According to the evidence No. 1, the Plaintiff is deemed to have dispatched a certificate of content to the Defendant on February 18, 2020, but there is no evidence to prove that the certificate of content was delivered to the Defendant. Thus, the Plaintiff shall be deemed to have given the notice of performance by the delivery of the complaint in this case and shall be held liable for delay from the day of delivery