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(영문) 서울동부지방법원 2019.04.30 2018가단8096 (1)

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from June 12, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a loan agreement with the Defendant on August 5, 2009, and lent a total of KRW 120 million to the Defendant from August 5, 2009 to July 5, 2010.

(hereinafter “instant loan”). (b) The instant loan

At the time of the instant lease agreement, the Defendant agreed to preferentially repay the instant loan to the Plaintiff when receiving service costs from the said business entity by performing services related to CHousing Redevelopment Improvement Project.

C. On January 9, 2015, the Plaintiff sent a certificate of content demanding the Defendant to repay the instant loan by January 20, 2015.

[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The party's assertion and judgment

A. The plaintiff asserts that the main purport of the plaintiff's assertion is that the loan in this case is a case where the repayment period is not fixed, and since the plaintiff's fulfillment period has arrived with the certificate of contents demanding repayment with a reasonable period fixed, the defendant asserts that the loan in this case should be repaid

In this regard, the Defendant agreed to repay the instant loan that the Defendant received the service cost from CHousing Redevelopment Project Association, but did not receive the service cost from the said Association, and thus, the due date has not yet arrived.

B. The judgment of the court below is difficult to deem that the Defendant agreed on the time to return the instant loan in light of the phrase of the instant loan agreement that “the Defendant would preferentially repay the instant loan,” when receiving the service cost.

Therefore, the loan of this case constitutes a case where there is no agreement on the time of repayment, and the fact that the plaintiff notified the return of the loan of this case for a considerable period of time around January 9, 2015 is as seen earlier. Therefore, the defendant is from June 12, 2018 to the day of complete payment, which is the day following the delivery of the copy of the complaint of this case, as sought by the plaintiff.