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(영문) 서울동부지방법원 2016.09.22 2015가단48635
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from July 20, 2016 to the date of full payment.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the plaintiff lent KRW 150,00,00 to the defendant on April 19, 2004, the defendant promised on April 3, 2007 that the plaintiff will repay all or part of the revenue if the revenue occurs in the defendant's interior, and the defendant is currently missing. Since the loan agreement is a premise at all times, the above obligation of repayment cannot be viewed as a promise to perform only if the revenue occurs. Since the above obligation of repayment is the premise of the loan agreement, it shall not be deemed as an agreement to perform the repayment, and the time when the revenue occurs by the defendant, and as long as the revenue of the defendant is no longer possible because the defendant is currently missing, it is reasonable to view that the repayment has come at least before the delivery date of the copy of the complaint of this case.

Therefore, the defendant is obligated to pay to the plaintiff 150,000,000 won and the damages for delay at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 20, 2016 to the date of full payment, which is obvious that the delivery day of a copy of the complaint of this case is the day after the delivery day of the copy of the complaint of this case. Thus, the plaintiff's claim of this case seeking

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