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(영문) 대전지방법원 천안지원 2017.04.20 2017가단243
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from December 17, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the whole purport of the pleadings as to the statement No. 1, the Plaintiff received a request from the Defendant to lend KRW 200 million to the Defendant to withdraw an application for compulsory auction commenced with respect to real estate located in Sejong Special Self-Governing City C, and the Plaintiff lent KRW 200 million to the Defendant on April 18, 2016 without setting the due date and interest (hereinafter “instant loan”).

B. According to the above facts, the Defendant is obligated to pay damages for delay at the rate of 15% per annum from December 17, 2016 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, by deeming that the Defendant and the Plaintiff were demanded to discharge the Plaintiff with the delivery of the original copy of the instant payment order.

2. The defendant's argument is alleged to the purport that the period of repayment of the loan claim in this case was determined at the time of sale of real estate owned by the plaintiff and the defendant. However, there is no evidence to acknowledge the defendant's above argument, and according to the facts recognized earlier, the loan claim in this case has arrived at the time when the debtor is requested to discharge his claim as a claim with no fixed period of payment, and the above argument by

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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