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(영문) 서울서부지방법원 2018.05.10 2017나41488
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 100,000,000 as well as to the plaintiff on November 2016.

Reasons

1. Of the reasoning of the judgment of the court of first instance citing the judgment, the part concerning “a fact-finding” and “judgment” are as stated in the judgment of the court of first instance except for addition or dismissal as follows. As such, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts for addition and height:

A. A. Additional part of the judgment of the court of first instance is between 2, 7, and 8.

On November 4, 2016, the Plaintiff, who did not reply to the above content certification, sent to the Defendant a re-verification of the content that urged the Defendant to return the instant money, and the Defendant for the same month.

7. The receipt was made.

Na. Na. Na. Na. Na. Haon is added 1) 3rd 2nd 2nd 1st son of the judgment of the court of first instance as “in order to repay the spouse’s debt”. 2nd 3th 2nd 3th 3th 1st 3th 1st 2th 3th 3th 2th 3th 3th 3th 3th 3rd 2nd

3) The 3rd 10 parallels in the first instance judgment and 14 parallels are as follows.

On the other hand, the Plaintiff sought payment of damages for delay from October 7, 2016, for which the certificate of content that the Plaintiff sought the return of the above loan was delivered to the Defendant. Thus, inasmuch as the Plaintiff paid the above loan to the Defendant and the Plaintiff did not set the deadline, the Plaintiff shall demand the return of the loan for consumption with a reasonable period fixed (Article 603(2) of the Civil Act). There is no evidence to prove that the Plaintiff notified the lender of the loan for consumption with a reasonable period of time before the Plaintiff requested the return of the loan with the certificate of content as of October 6, 2016.

Ultimately, it is reasonable to view that the Defendant becomes liable for delay after the lapse of about one month after the Plaintiff’s declaration of intent to return the instant loan reaches the Defendant, and the certification of content as of November 4, 2016, which was delivered to the Defendant again on November 7, 2016.

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