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(영문) 서울중앙지방법원 2019.10.15 2019나11981 (1)
대여금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. In full view of the purport of the entire arguments in the evidence Nos. 1, 2, and 5 through 7, the Plaintiff may recognize the fact that, from April 4, 2014 to June 23, 2017, the Plaintiff leased KRW 8,432,00 to the Defendant 12 times as indicated in the following table without setting interest and the due date (hereinafter “instant lending”).

Serial 1 The amount of 40,00 on April 4, 2014 2.2, 200 2.392,000 on April 7, 2014 3.1,00,000 on September 7, 2014; 50,000 on January 15, 2015 50,000 on February 11, 2015 ; 50,000 on May 20, 2015 ; 30,000 on June 50, 2007 ; 40,000 on June 24, 2015 ; 1,000,000 on September 1, 20, 2008 ; 1,000,000 on September 1, 10, 200, 106, 2016.

Therefore, the Defendant, as to the Plaintiff’s loan principal amounting to KRW 8,432,00 and its repayment period, on November 27, 2017 [in the case of a loan for consumption with no agreement on the time to repay, the lender shall demand the return of the loan within a reasonable period of time (Article 603(2) of the Civil Act). The borrower shall be liable for delay from the time when a reasonable period of time expires after the lender has notified the lender of the return. According to the evidence evidence No. 15, the Plaintiff may claim the return of the loan of this case to the Defendant around October 27, 2017. Thus, since the loan obligation of this case is recognized as a reasonable period of time from October 27, 2017 to November 27, 2017 to the expiration of the due date under Article 603(2) of the Civil Act, the loan obligation of this case shall become due and due from the date following the delivery of a copy of the complaint of this case requested by the Plaintiff until October 15, 2015.

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