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(영문) 서울동부지방법원 2019.10.24 2019가단121330
대여금
Text

1. The Defendant’s KRW 31,288,904 as well as 5% per annum from August 22, 2013 to October 24, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff wired the Defendant’s account KRW 20 million on January 20, 2012, KRW 6 million on February 20, 2012, KRW 9 million on February 28, 2012, KRW 9 million on February 28, 2012, and KRW 49 million on March 16, 2012.

B. Around August 21, 2013, the Defendant paid KRW 20 million to the Plaintiff.

[Ground for Recognition] Unsatisfy, Gap evidence 1 to 4

2. According to each of the above evidence, it is reasonable to view that the Plaintiff lent KRW 49 million to the Defendant for a fixed period of five to six months without a separate interest agreement.

If the repayment period of a loan obligation is determined for a certain period other than that of the above time, it is reasonable to deem that the repayment period is the repayment period, as it grants an option to the obligor at the time of performance.

Therefore, the above KRW 49 million is due on September 15, 2012, which was six months after March 16, 2012, which was the last payment date of the money, and the Plaintiff was paid KRW 20 million from the Defendant on August 21, 2013. Thus, the above KRW 288,904, which was incurred from September 15, 2012 to August 21, 2013 in the order of statutory appropriation for payment (i.e., KRW 49 million x KRW 0.05 x 341/365). The remainder of KRW 17,71,096 was appropriated for the principal, and the remainder of KRW 17,71,09,00, KRW 3081,970, KRW 97,000, KRW 197, KRW 97,000, KRW 197, KRW 97,000).

Therefore, the Defendant is obligated to pay to the Plaintiff 31,288,904 won and damages for delay at the rate of 5% per annum as stipulated by the Civil Act from August 24, 2019, which is the date of the imposition of a reasonable judgment, to October 24, 2019, and 12% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the following day to the date of full payment.

3. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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