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(영문) 대전지방법원 2020.01.15 2019가합1286
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 255,00,000 and the interest rate of KRW 12% per annum from November 6, 2019 to the date of full payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The ground for partial dismissal of the Plaintiff claimed for the payment of damages for delay from August 2, 2016, which is the day following the last lease date, but even according to the Plaintiff’s assertion itself, the Plaintiff and the Defendant did not set the due date for each loan. The Defendant’s obligation to the Plaintiff is a debt with no agreement on the due date for repayment, and the Defendant shall be liable for delay only when the Defendant received a peremptory notice from the Plaintiff,

(Article 603(2) of the Civil Act. Therefore, it is reasonable to deem that the Plaintiff notified the Defendant of the return with a reasonable period fixed, only recognized damages for delay from November 6, 2019, following the delivery date of a copy of the complaint of this case, and the exceeding damages for delay is dismissed.

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