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(영문) 제주지방법원 2021.02.02 2020나10787
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of appeal:

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where a part of the judgment of the court of first instance is cited as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

No. 4 of the judgment of the first instance court No. 13 of the 13th sentence "No. 4 of the evidence of Eul" shall be written by "No. 4 through 10 of the evidence of Eul."

Section 4 of the judgment of the first instance court No. 19 of the " alone" was written in Section 19 of the judgment of the first instance, and Section 2 of this Court " alone with the result of response to an order to submit financial transaction information to E corporation of this court."

The first instance court's decision 4th 21 to 5th 8th eth eth eth eth eth eth eth.

Inasmuch as there is no dispute between the Plaintiff and the Defendant that the repayment period for the loan was not determined, the Defendant is liable for delay from the next day after the Plaintiff’s peremptory notice was received (Article 387(2) of the Civil Act). According to the foregoing, the Defendant received a peremptory notice of the Plaintiff’s performance on August 10, 2018 at the latest.

Therefore, the delayed loss on the loan is generated from August 11, 2018, after the following day.

On the other hand, there is no ground to view that the damages for the delay occurred from May 31, 2018, which is the date of lending.

Therefore, the Defendant is obligated to pay to the Plaintiff delayed damages calculated at the rate of 5% per annum as stipulated in the Civil Act from August 11, 2018 to January 30, 2020, which is the date of the first instance judgment, and the next day to the date of full payment, calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the date of the loan to the date of full payment.

[....]

2. The conclusion of the judgment of the first instance is partially different and unfair, but the judgment of the court of first instance cannot be modified disadvantageous to the defendant in the instant case in which only the defendant appealed. Thus, the defendant's appeal is dismissed. It is so decided as per Disposition.

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