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(영문) 창원지방법원 마산지원 2018.12.13 2018가단3192
대여금
Text

1. The Defendant’s KRW 96,560,00 for the Plaintiff and KRW 5% per annum from June 1, 2018 to December 13, 2018.

Reasons

The Plaintiff loaned KRW 121,810,00 to the Defendant between April 21, 2014 and August 1, 2017; the Defendant, from September 19, 2014 to March 28, 2018, repaid KRW 19,750,00 between the Plaintiff and March 28, 2018; and additionally repaid KRW 5,50,000 after May 4, 2018; on the other hand, the fact that the Plaintiff notified the Defendant that the entire amount lent to the Defendant was returned to the Defendant around May 4, 2017 can not be recognized by adding to the entire purport of the pleadings as set forth in each of the evidence Nos. 1 and 2 (including each number), or there is no dispute between the parties.

Therefore, the Defendant: (a) 96,560,000 won (i.e., the above loan 121,810,000 won - the above additional repayment 19,750,000 won - the above additional repayment 5,500,000 won); and (b) from June 1, 2018, the day following the day on which a copy of the complaint of this case was served (at least 5,500,000 won) to the Plaintiff; (c) there is no evidence to prove that the repayment period for the Plaintiff’s loan to the Defendant has been fixed; (d) the due date comes after a considerable period from the date on which the Plaintiff notified the Defendant of the return of the loan pursuant to Article 603(2) of the Civil Act; (c) as seen above, the Plaintiff notified the Defendant of the return of the loan to the Defendant on June 1, 2018, which is the starting point of calculating delay damages for the repayment of the loan to the Defendant.

Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.

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