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(영문) 서울서부지방법원 2018.10.26 2018가단215827
대여금
Text

1. As to KRW 35,00,000 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff KRW 30,000 from June 23, 2016 to KRW 5,00,000.

Reasons

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

2. Article 208 (3) 3 of the Civil Procedure Act:

3. Some of the rejection parts claim damages for delay from the date of lease.

① As of June 7, 2016, there is no evidence to acknowledge that the payment period has been fixed, in the case of KRW 30 million remaining after subtracting the amount of KRW 70 million, the Plaintiff was paid out of KRW 100,000,000,000,000, which was paid by the Plaintiff (i.e., “one week loan” and “two week loan” after the Defendant was immediately paid out of the date of establishment of a juristic person) (i.e., “one week loan” and “one week loan” in the form of “two week loan”) but (ii) the Plaintiff requested the Defendant to pay KRW 100,000,000,000 by informing the Defendant of his account number on June 22, 2016, the following day shall be liable for the Defendant from June 23, 2016.

② There is no evidence to acknowledge that the repayment period has been fixed in the case of a loan of KRW 3 million as of November 8, 2016 and KRW 2 million as of November 11, 2016 (the Plaintiff asserts that even though the Defendant had repaid within three days, he/she did not repay the loan within one week thereafter) Provided, That in full view of the purport of the entire pleadings in the statement in subparagraph 7, it is recognized that the Plaintiff requested the Defendant to return all the money that he/she lent to the Defendant by January 31, 2017, by January 10, 2017, and thus, the Defendant is liable for delay from February 1, 2017.

(A) Some of the claims for delay damages are dismissed, but the same applies to the Plaintiff’s primary claim, and thus, the conjunctive claim for damages due to tort is not determined.

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