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(영문) 서울남부지방법원 2016.09.23 2016가합1091
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 314,188,765 and the interest rate of KRW 15% per annum from March 19, 2016 to the date of full payment.

Reasons

1. In full view of the facts of recognition and the purport of the entire pleadings, it is recognized that the Defendant borrowed KRW 314,188,765 from the Plaintiff during the period from October 16, 2015 to December 23, 2015 without setting the due date for repayment.

According to the above facts of recognition, the defendant is obligated to pay the above borrowed money to the plaintiff KRW 314,188,765 and delay damages therefor.

Furthermore, in the case of a loan for consumption with no agreement on the time of repayment, the lender shall set a reasonable period and demand the return thereof (Article 603(2) of the Civil Act). The borrower shall be liable for delay from the expiration of a reasonable period after the lender notified the lender of the return. There is no evidence to prove that the Plaintiff notified the Defendant of the return of the above loan before the application for the payment order in this case. The fact that the original copy of the payment order in this case for which the Plaintiff requested the Defendant to return the loan was delivered on February 18, 2016 is apparent in the record. Thus, it is reasonable to deem that the above loan obligation was due on March 18, 2016 after one month from February 18, 2016, which is the delivery date of the original copy of the payment order in this case, and therefore, the Defendant shall be liable to the Plaintiff to pay damages for delay calculated at the rate of 15% per annum from March 19, 2016 to the date of repayment.

2. In conclusion, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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