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(영문) 부산지방법원 2015.09.15 2015가단49923
대여금
Text

1. The Defendant: (a) KRW 89,00,000 for the Plaintiff and 5% per annum from August 23, 2015 to September 15, 2015, and the following.

Reasons

1. Indication of claims: To be as shown in attached Form of claims;

(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” is deemed to be the “Defendant”, and the loan amounting to KRW 4 million in the instant lawsuit on November 5, 2002 was withdrawn). A judgment by service by public notice on February (Article 208(3)3 of the Civil Procedure Act)

3. The reasons for partial dismissal are as follows: (a) the Plaintiff claimed for the payment of damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act regarding the period from July 15, 2015 to the service date of the original copy of the instant payment order; (b) however, it is insufficient to recognize that the Plaintiff had made a payment period when lending each of the above money to the Defendant, and there is no other evidence to acknowledge it.

Therefore, the above loan debt of the defendant is a debt with no fixed maturity and is liable for delay from the time when the defendant received a request for performance. However, there is no evidence to prove that the plaintiff requested performance prior to the delivery date of the original copy of the payment order of this case. Therefore, this part of the plaintiff's

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