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(영문) 대구지방법원포항지원 2017.11.14 2017가단3510
대여금
Text

1. As to the Plaintiff’s KRW 35,00,000 and KRW 30,000 among them, Defendant B shall be from September 1, 2009 to July 5, 2017.

Reasons

1. Determination as to the claim against the defendant B

A. On June 28, 2007, the Plaintiff lent KRW 5,000,000 to Defendant B. (2) On July 2009, the Plaintiff drafted a loan certificate with Defendant B as determined by the end of August 2009.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 3, the purport of the whole pleadings

B. According to the above findings of determination, Defendant B is obligated to pay to the Plaintiff the amount of KRW 35,00,000 and the amount of KRW 30,000,000 among them, 5% per annum as stipulated by the Civil Act from September 1, 2009 to July 5, 2017, the delivery date of a copy of the complaint of this case from September 1, 2009 to July 5, 2017, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, with the amount of KRW 5,00,000,00 calculated by 15% per annum as of the day following the delivery date of a copy of the complaint of this case to the day of full payment.

[The plaintiff claimed interest of KRW 5,00,000 from the loan to the delivery date of the copy of the complaint of this case. However, if there is no time limit for the performance of obligation, the debtor is liable for delay from the time when the claim for performance was made (Article 387(2) of the Civil Act). Thus, there is no evidence to prove that there was an agreement on the interest or maturity of the loan of this case, or that there was a claim for the return of the loan of this part against the defendant, and this part of the claim is not reasonable).

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