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(영문) 부산지방법원동부지원 2017.11.23 2017가합103848
대여금
Text

1. As to the Plaintiff KRW 204,50,000 and KRW 62,500 among them, the Defendant shall pay to the Plaintiff KRW 142,00 from December 14, 2016, and KRW 142,00,00.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 3 (including additional numbers), the plaintiff agreed to pay interest of KRW 65,000,000 to the defendant on December 14, 2016, with a separate interest rate of KRW 65,500,000 without a due date, and paid KRW 62,50,000, which deducts interest of KRW 2,500 on the same day from the prior interest, to the defendant, and on January 24, 2017, the plaintiff lent the above amount to the defendant without a due date.

Therefore, the Defendant is obligated to pay KRW 62,50,000 out of the loan principal of December 14, 2016 and KRW 142,00,00,000 of the loan principal of January 24, 2017 as well as interest and delay damages therefrom, as the Plaintiff seeks.

The defendant's argument regarding the defendant's assertion is that the plaintiff and the defendant set the repayment period of each of the above loans "when there is no repayment fee", and since the period when the ordinary repayment fee ceases to exist is three years, the defendant's loan obligation is not due, so the defendant's loan obligation has not arrived at. Therefore, there is no evidence to acknowledge the defendant's above assertion, and the defendant's above assertion is

Therefore, the defendant is obligated to pay to the plaintiff 204,50,000 won (=62,50,000 won) and 62,500,000 won among them (62,50,000 won) from December 14, 2016, which is the lending date, to the plaintiff, with 142,00,000 won from January 24, 2017 to July 29, 2017, for which there is no fixed due date, the delivery of a copy of the complaint of this case by the plaintiff from January 24, 2017 to July 29, 2017, with 5% interest per annum under the Civil Act, and from July 30, 2017 to the day of full payment, the plaintiff's claim for delay damages shall be accepted as the reasoning of the judgment.

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