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(영문) 인천지방법원 2018.11.16 2018가합58911
대여금 반환 청구의 소
Text

1. The defendant shall pay 1,00,000,000 won to the plaintiff and 15% per annum from August 25, 2018 to the date of full payment.

Reasons

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

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The ground for partial dismissal argues that the Plaintiff lent KRW 1 billion to the Defendant without setting the time of return, and that the Plaintiff claimed damages for delay calculated by adding 15% per annum to the amount of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the date of delivery of a copy of the complaint of this case to the

When there is no agreement on the time of return in a monetary loan for consumption pursuant to Article 603 (2) of the Civil Act, the lender shall demand the return thereof with a reasonable period fixed by the lender, and when a reasonable period has not been set, the borrower shall be liable for delay when a reasonable period has elapsed from

In addition, the plaintiff did not assert that the plaintiff notified the return of the above loan within a reasonable period of time, considering the relation and status of the parties, the amount and the timing of lending, etc., although the plaintiff demanded the return of the above loan to the defendant in the complaint of this case, the plaintiff did not assert that the repayment period of the above loan has arrived after a considerable period of time after the plaintiff notified the return of the above loan was served on August 24, 2018, when the plaintiff notified the return of the above loan before the lawsuit of this case was filed. Thus, it is reasonable to deem that the above loan repayment period has arrived after a considerable period of time after the plaintiff notified the return to the defendant on August 24, 2018, when the copy of the complaint of this case was served on the defendant before the lawsuit of this case was filed. Accordingly, the part corresponding to the above damages for delay from August 25, 2018, which is the next day

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