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(영문) 수원지방법원 2019.01.16 2018가합20661

대여금

Text

1. The defendant shall pay to the plaintiff A Co., Ltd. KRW 100,000,000, and KRW 300,000,000 to the plaintiff Co., Ltd. and each of the above amounts.

Reasons

1. In full view of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1 and 2 (including each number), the defendant can be acknowledged as having lent KRW 100 million to the defendant, and KRW 300 million to the plaintiff Eul Co., Ltd. on February 5, 2009, and KRW 300 million on February 11, 2009 without setting the due date for payment.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff A corporation KRW 100 million, KRW 300 million to Plaintiff B corporation, and each of the above amounts, on the record that it is the day following the delivery date of the copy of the application for payment order before the implementation of the instant lawsuit, including the purport of the Plaintiffs’ claim for payment of each of the above loans.

[Plaintiffs asserted that the Defendant agreed to use each of the above loans for three years from the above loans, and they sought interest or delay damages from February 12, 2012, which was the date of the last loan from February 11, 2009, which was the date when three years elapsed from February 11, 2012, which was the date when the above loan was made. However, there is no evidence to acknowledge the plaintiffs' assertion, and even if it is acknowledged, it is difficult to deem that there was interest from the point when three years have elapsed since the last loan was made. Furthermore, as seen earlier, each of the above loans was lent without a fixed period of due date, and is liable for delay from the time of receiving a request for payment in a loan for consumption without a fixed period of due date of repayment. Since there is no evidence to deem that the plaintiffs requested payment of each of the above loans to the Defendant before the delivery date of a copy of the above request for payment order, Plaintiffs' interest or delay damages in excess of the above recognized scope

2. The Defendant alleged that part of the above loans were paid to Plaintiff B’s representative director D, but there is no evidence to acknowledge this.

The defendant.