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(영문) 수원지방법원 2020.12.16 2020가합28439
대여금
Text

The defendant shall pay to the plaintiff KRW 2,348,736,986 as well as KRW 1,450,000 among them, from April 2, 2015 to the day of full payment.

Reasons

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

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

3. Partial dismissal;

A. As to the claim for interest of KRW 274,80,000 from the day following the date of the last loan to the loan, the Plaintiff did not assert any assertion as to the facts of the interest agreement on the loan, this part of the claim is rejected.

B. As to the claim for damages for delay against loan 274,80,000 won, the Plaintiff did not assert any assertion as to the period of repayment of the above loan. However, in the case of a loan for consumption with no agreement on the time of repayment, the lender shall demand the return of the loan with a reasonable period fixed (Article 603(2) of the Civil Act), and the demand for return may be made by delivery of the complaint (see Supreme Court Decision 68Da2313, Jan. 28, 1969). Thus, the Defendant shall be liable for delay from December 17, 2020, which is the day following the date when the complaint of this case was delivered to him.

Therefore, it will receive damages for delay only within the scope of the amount calculated by the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from that time until the full payment is made.

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