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(영문) 대구지방법원 2020.02.06 2019가합1255
대여금
Text

1. As to KRW 278,600,000 among the Plaintiff and KRW 200,000 among them, the Defendant shall start from February 3, 2016 to September 26, 2019.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice of applicable provisions of law (Article 208 (3) 3 of the Civil Procedure Act)

3. The Plaintiff seeking interest or delay damages calculated at the rate of 5% per annum from February 3, 2016 to the delivery date of the copy of the complaint of this case, and 12% per annum from the next day to the date of complete payment, with respect to loans of KRW 35 million as of November 6, 2015, KRW 11.6 million as of December 2, 2015, KRW 11.6 million as to loans of KRW 10 million as of December 24, 2015, KRW 22 million as of February 2, 2016.

However, the evidence presented by the Plaintiff alone is insufficient to recognize the repayment period and interest agreement for the above loan, and there is no other evidence to acknowledge it.

Therefore, the Plaintiff’s above loan claim is without a fixed period during which the obligor is liable for delay from the time of receiving the claim for performance, and there is no evidence to prove that the Plaintiff sought the return of the above loan to the Defendant prior to the delivery of the complaint in this case, and the Plaintiff can only seek the payment for delay from the day after the delivery of the copy of the complaint

Therefore, the interest claim or damages for delay from February 3, 2016 until the delivery date of a copy of the complaint of this case is dismissed as it is without merit.

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