logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.03 2020가단5177348
약속어음금
Text

1. The defendant's KRW 40,000,00 and about this, 5% per annum from June 18, 2020 to November 3, 2020 to the plaintiff.

Reasons

In full view of the purport of the entire pleadings in Gap evidence No. 1, the plaintiff lent KRW 40,000 to the defendant on July 30, 2019.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 40,00,000 and the damages for delay calculated at each rate of 12% per annum as stipulated by the Civil Act from June 18, 2020 to November 3, 2020, which is the date when a considerable period of time elapsed from June 10, 2020, which is the day following the day when the defendant received a written complaint of this case from June 10, 2020 when the defendant received a delivery of the complaint of this case.

Furthermore, the Plaintiff asserts that the repayment period of the above loan was July 30, 2019, and claimed for the payment of damages for delay from August 1, 2019 to June 17, 2020. However, there is no evidence to acknowledge it. Rather, on the lending date, the Plaintiff’s promissory notes (Evidence 1) in the face value of KRW 40,000,000, which the Plaintiff received from the Defendant, shall be deemed to be the daily delivery, and it is reasonable to deem that there was no agreement for the repayment period. However, it is deemed that the Defendant’s repayment period of the guaranteed loan of this case was due only on June 17, 2020, when a considerable period from June 10, 2020, which was served with the written complaint of this case.

Therefore, the plaintiff's additional argument about the above damages for delay is without merit.

If so, the plaintiff's claim is reasonable within the scope of the above recognition, and the remaining claims are dismissed as there is no reasonable ground.

arrow