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(영문) 의정부지방법원고양지원 2017.05.12 2017가합70642

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 930,00,000 and the interest rate of KRW 15% per annum from May 13, 2017 to the date of full payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

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

3. The Plaintiff asserts that not only KRW 930,00,000 of the instant loan, but also also KRW 5% per annum from December 11, 2015 to the delivery date of a copy of the instant complaint, and that the Defendant is obliged to pay damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

However, since the plaintiff did not assert any argument regarding the repayment period of the above loan, the loan in this case shall be deemed to have no fixed time of return, and the main text of Article 603(2) of the Civil Act provides that "the lender shall set a reasonable period and make a peremptory notice to return the loan, if there is no agreement on the time of return." Thus, the defendant shall be held liable for delay after a considerable period from the time when the repayment of the loan was notified by the plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from May 13, 2017 to the date of full payment, which is the day following the sentencing date of this case, for which a considerable period of time has elapsed since the delivery date of a copy of the complaint of this case, which is the time point for the Plaintiff to the Defendant.

4. As such, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.