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(영문) 서울남부지방법원 2018.10.18 2017가합113380
대여금
Text

1. The Defendant’s KRW 357,00,000 as well as 5% per annum from December 8, 2017 to October 18, 2018 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. In full view of the overall purport of each of the statements and arguments set forth in Gap evidence Nos. 1 through 3 (including each number), the plaintiff may be recognized as having lent a total of KRW 408,00,000 to the defendant as follows.

The defendant shall return the borrowed money to the plaintiff.

On May 26, 2011, 200, 5,000,000 on October 31, 201, 201, 11,000,000,00 on March 16, 201, 200 on March 20, 201, 200 on March 20, 201, 200,000 on June 70, 200, 200 on June 30, 2015, 20,000 on June 30, 200, 200,000 on July 60, 200, 30,000 on December 340, 200, 200, 100, 100,7,0000 on July 14, 200, 205;

B. The Plaintiff seeks interest or delay damages calculated at the rate of 5% per annum from February 26, 2016, after the last lending of money (which is not specified as money of any nature).

However, the Plaintiff agreed on interest when lending money to the Defendant.

There is no assertion or proof that the payment period has been designated.

However, if the repayment period has not been determined in the loan for consumption, the lessor shall have the due date determined and notified the return within a reasonable period (see Article 603(2) of the Civil Act), and the Defendant does not dispute the fact that the Plaintiff urged repayment over several times prior to filing a lawsuit (if a lawsuit is instituted, it is also consistent with the common sense that the Plaintiff requested repayment against the Defendant prior to filing a lawsuit). Therefore, it is reasonable to view that the repayment period has arrived after a considerable period of time on the date when a duplicate of the complaint in this case was

The damages for delay shall accrue from the following day, and the plaintiff's claims for damages for delay shall not be accepted.

C. Therefore, the Defendant: (a) KRW 357,00,000 calculated by subtracting KRW 51,000,000,000 from the loan amount of KRW 408,000,000 (= KRW 408,000,000 - KRW 51,000,000); and (b) as to the Plaintiff, the date immediately after the delivery of the copy of the instant complaint.

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