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(영문) 광주지방법원 2018.11.08 2018나1885

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation on this part of the judgment of the court of first instance is as follows, except for the following changes, since it is the ground for the judgment of the court of first instance: (a) two to six (7) of the judgment of the court of first instance.

“A loan for consumption without any fixed term is liable for delay from the date following the expiration of the extended period of time by the obligee’s peremptory notice to return the loan with a reasonable period of time (Article 603(2) of the Civil Act). According to the evidence No. 2(Evidence No. 2) of the same Act, it is recognized that the Plaintiff sent to the Defendant’s domicile on July 5, 2017, a certificate of contents demanding the performance of the above loan amount of KRW 30 million, and the above contents certification is delivered to the Defendant around that time. Thus, it is reasonable to deem that the due date has arrived pursuant to Article 603(2) of the Civil Act on the service date of the original written application for the payment order of this case, for which the Defendant had served the above contents certification

2. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.