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(영문) 창원지방법원 마산지원 2018.05.17 2017가단107370
대여금
Text

1. Defendant B’s KRW 65,00,000 and the Plaintiff’s annual rate of KRW 5% from January 22, 2018 to May 17, 2018.

Reasons

1. During the period from May 23, 2014 to July 6, 2016, Defendant B agreed to pay KRW 65,000,000 from the Plaintiff without due date (the Plaintiff is, on October 14, 2017, Defendant B agreed to pay KRW 65,000,000 to the Plaintiff; and on the Plaintiff’s request, Defendant B agreed to pay KRW 65,000,00,000 to the Plaintiff. However, each of the items of subparagraphs 1-2 and 1-2, it is insufficient to recognize the fact that Defendant B agreed to pay the above amount to the Plaintiff “Immediate” by itself, and there is no other evidence to acknowledge this). The fact of borrowing the above amount is either difficult to dispute between the parties, or can be recognized by comprehensively taking into account the overall purport of the pleadings in each of subparagraphs 1-1 and 2-2.

Meanwhile, since the lender has to give a peremptory notice in a monetary loan for consumption for which there is no stipulation on the time to return the money, the lender shall set a reasonable period (see Article 603(2) of the Civil Act), the borrower shall be liable for delay after a reasonable period has elapsed from the date on which

It is reasonable to view the above reasonable period as one month, in full view of all the circumstances revealed in the proceedings of this case, such as the amount of the Plaintiff’s loan to Defendant B, and the relationship between the Plaintiff and Defendant B, etc., and the fact that the duplicate of the complaint of this case, stating the Plaintiff’s expression of intent to claim the payment of the above amount, reached Defendant B on December 22, 2017.

Therefore, from January 22, 2018, which was one month after the delivery date of a copy of the complaint of this case, Defendant B is obligated to pay to the Plaintiff 5% interest per annum as stipulated in the Civil Act until May 17, 2018, and 15% interest per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.

2. The plaintiff is the husband of the defendant C, and the defendant B is the husband of the defendant C, and the defendant C is the husband of the defendant C.

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