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(영문) 부산지방법원동부지원 2019.06.04 2018가단6244
대여금
Text

1. As to KRW 103,047,384 and KRW 20,00,00 among them, the Defendant shall pay to the Plaintiff the year from June 23, 2018 to June 4, 2019.

Reasons

According to Gap evidence Nos. 1 and 2-2, it can be acknowledged that the plaintiff lent KRW 20,000,000 to the defendant on June 5, 2012, as the agreed interest rate of 2.5% on June 5, 2012, the due date of repayment of KRW 200,000 on December 30, 2012, and the due date of payment of KRW 20,000 on April 24, 2014 without a fixed interest rate of agreement or due date of payment.

Meanwhile, the Plaintiff paid KRW 5,00,000 to the Plaintiff on July 10, 2012, KRW 5,000,000, KRW 5,000 on August 9, 2012, and KRW 121,483,91 on February 7, 2014, and KRW 85,000 on April 11, 2014. As a result, as indicated in the separate sheet, the Defendant is obligated to pay damages for delay to the Plaintiff out of KRW 83,047,384, KRW 837,384,00 on April 11, 200 on April 11, 2014, as indicated in the separate sheet, as the agreement on the loan amount of KRW 200,00 on this point terminates, and the agreement on the loan amount of KRW 83,047,384,00 on the loan amount of KRW 103,000,00.

(1) In addition to each of the above loans, the Plaintiff asserts that the Plaintiff further lent KRW 44,70,000 to the Defendant, but there is no other evidence to acknowledge it. Meanwhile, in the case of a loan for consumption with no time of return set, the lender has to demand the return of the loan with a reasonable period set (Article 603(2) of the Civil Act). As such, the lender has to demand the return of the loan with a reasonable period set (Article 603(2) of the Civil Act). In this case, there is no evidence to prove that the Plaintiff requested the return of the loan against the Defendant prior to the filing of the lawsuit in this case, and thus, the damages for delay of the loan for which the said time set was not set shall be added from May 22, 2018, which was the date after the month when the original copy of the instant payment order was served on the Defendant.

Ultimately, the defendant shall pay to the plaintiff KRW 103,047,384 and KRW 20,000 among them, 5% per annum prescribed by the Civil Act from June 23, 2018 until June 4, 2019, which is the ruling date of this case where it is reasonable for the defendant to dispute about the existence or scope of the obligation.

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