(영문) 서울중앙지방법원 2017.12.15 2016가합568468

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(영문) 서울중앙지방법원 2017.12.15 2016가합568468

대여금

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1. The Plaintiff:

A. Defendant B is KRW 100,000,000 and 5% per annum from December 29, 2016 to December 15, 2017.

Reasons

1. Since there is no dispute between the parties that the Plaintiff lent KRW 300 million (hereinafter “instant loan”) to Defendant B on or around 2001 without having set the due date, Defendant B is obligated to pay the Plaintiff the remainder of the loan KRW 100 million, excluding KRW 200,000,000,000,000,000,000,000,000,000,000,000,000

Furthermore, in the case of a loan for consumption with no agreement on the time of repayment, 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 the lender notified the lender of the return, and there is no evidence to prove that the Plaintiff notified the Defendant B of the return of the loan in this case prior to the institution of the lawsuit in this case. The fact that the complaint in this case, including the Plaintiff’s expression of intent to seek the return of the loan in this case, was served on November 28, 2016 is apparent in the record. Thus, it is reasonable to deem that the claim in this case was due on November 28, 2016, one month after the delivery date of the copy of the complaint in this case against the Defendant B, which is the date of delivery of the copy of the complaint in this case.

As to this, Defendant B alleged that he repaid KRW 20 million among the above loans, but there is no evidence to acknowledge this. Therefore, this part of the allegation by Defendant B is without merit.

Therefore, Defendant B is obligated to pay to the Plaintiff 10 million won and the amount equivalent to 5% per annum under the Civil Act until December 15, 2017, which is the date following the due date, from December 29, 2016, the existence and scope of the obligation to pay to the Plaintiff 100 million won and the amount equivalent to 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. Determination as to the claim against Defendant C

A. The plaintiff's assertion is that the plaintiff is the plaintiff or defendant C.

참조조문

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