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(영문) 서울동부지방법원 2018.06.21 2017가단23777
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from November 25, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the statement in the evidence Nos. 1 and 3, the fact that the Plaintiff lent KRW 120,000 to the Defendant on September 25, 2008 can be acknowledged. Thus, the Defendant is liable to pay to the Plaintiff delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 25, 2017 to the date of full payment after the copy of the complaint in this case stating the Plaintiff’s declaration of intent to demand performance was served on the Defendant.

2. The Plaintiff also sought payment of damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from September 25, 2008 to the delivery date of a duplicate of the complaint of this case. However, there is no evidence that the Plaintiff and the Defendant had determined the maturity and interest at the time of the lease of this case. The obligation for which the maturity period has not been determined is due upon the arrival of the declaration of intent to demand performance. As such, it is reasonable to deem that the Defendant’s obligation was due only when the duplicate of the complaint of this case, stating the Plaintiff’

Therefore, the plaintiff's claim for the above part cannot be accepted.

3. If so, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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