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(영문) 광주지방법원 목포지원 2018.01.24 2017가단6380
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 39,00,000 and the interest rate of KRW 15% per annum from January 25, 2018 to the day of complete payment.

Reasons

1. Claim for the return of loan amounting to KRW 39,000,000 on December 1, 2008

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.

3. The plaintiff partially dismissed part of each term shall also claim payment of 5% per annum from December 1, 2008 to the date on which the copy of the complaint of this case was served to the defendant, and 15% per annum from the next day to the date of complete payment.

In the case of a loan for consumption for which the maturity has not been determined, the lender shall demand the return by fixing a reasonable period of time (Article 603(2) of the Civil Act). If the considerable period of time has elapsed, the borrower shall be liable for delay, and the repayment of the loan may also be made by the service of the copy of the complaint, and the due date shall expire from

However, there is no evidence that the Plaintiff notified the Defendant of the return of the loan amounting to KRW 39,00,000 prior to the delivery of the duplicate of the complaint in this case, and rather, it is apparent in the record that the duplicate of the complaint in this case seeking the return of the above loan was served on the Defendant on December 2, 2017, and thus, it is reasonable to view that the maturity period of KRW 39,00,000 for the above loan has arrived on January 24, 2018, which is the date of this decision for which a considerable period has elapsed thereafter.

Therefore, the part of the above loan 39,000,000 won damages for delay is dismissed by January 24, 2018.

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