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(영문) 춘천지방법원영월지원 2015.06.03 2015가단682
대여금
Text

1. The defendant shall pay 40 million won to the plaintiff and 20% per annum from February 10, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 201, the Plaintiff lent KRW 10 million to the Defendant.

B. Around January 26, 201, the Plaintiff loaned KRW 10 million to C with the due date set as of January 26, 201, and KRW 20 million with the due date set as of October 10, 201 and with the due date set as of February 10, 201, respectively. The Defendant guaranteed the Plaintiff’s respective loan obligations against C.

C. The Plaintiff urged the Defendant to pay the above loans and deposits several times.

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

2. According to the above facts finding as to the cause of claim, it is reasonable to view that the extended period of time has elapsed since the plaintiff's demand for return of the original loan claim amounting to KRW 10 million after the defendant's demand was made. If the due date is not determined, the debtor shall be liable for delay of performance from the date following the claim for performance was received.

(see, e.g., Supreme Court Decisions 88Da3253, Nov. 8, 198; 2012Da29557, Apr. 10, 2014). Therefore, the Defendant is obligated to pay to the Plaintiff a total of KRW 40 million and the deposit amount, as requested by the Plaintiff, delay damages calculated at the rate of 20% per annum from February 10, 2015 to the date of full payment as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from February 10, 2015 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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