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(영문) 의정부지방법원 2017.11.22 2017가단18408
대여금반환
Text

1. As to KRW 39,342,00 and KRW 24,700,00 among the above money and KRW 14,700,00, the Defendant shall pay to the Plaintiff KRW 14,642,00.

Reasons

1. The Plaintiff: (a) lent KRW 27,532,00 to the Defendant from August 2016 to December 2, 2016; and (b) KRW 11,810,000 to February 23, 2017 respectively without setting the due date for repayment from December 20, 2016 to February 23, 2017.

(B) The Plaintiff agreed to repay KRW 24,700,000 out of the instant loan to the Plaintiff by December 10, 2016, including the foregoing loan.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the facts found above, with respect to KRW 39,342,00, which is the principal of the loan in this case (=27,532,000 won) and KRW 24,70,00,00 of the above money, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum from the date of delivery of a copy of the complaint in this case (as to KRW 14,642,000, which is the day after the due date agreed by the Defendant, to the remainder of KRW 14,642,00,00, which is the day after December 11, 2016, which is the day after the due date agreed by the Defendant, in light of the date, circumstance, and amount of the loan from August 3, 2017 to September 4, 2017, which appears reasonable for each Defendant to resist the existence or scope of the obligation to repay from September 2, 2017.

The Plaintiff filed a claim for damages for delay from February 24, 2017 to September 3, 2017 with respect to the above KRW 14,642,00, which was not determined due date.

Pursuant to Article 603(2) of the Civil Act, the lender shall give a peremptory notice to return the principal within a reasonable period of time, provided that the repayment period is not specified in the monetary loan agreement, and the borrower shall also be liable for delay at the same time as the principal has been repaid until a considerable period of time has elapsed from the receipt of the peremptory notice.

Before the Plaintiff institutes the instant lawsuit against this part of the claim, the Defendant shall perform his obligation.

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