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(영문) 서울중앙지방법원 2014.12.19 2014가합40003
양수금
Text

1. The defendant shall pay 240,000,000 won to the plaintiff and 20% per annum from November 28, 2014 to the day of complete payment.

Reasons

1. The following facts are acknowledged in full view of each statement in Gap evidence Nos. 1 to 5.

A. C around April 11, 2007, around 2007, lent KRW 1.41 billion to the Defendant.

(hereinafter “instant loan”). (b) The instant loan

C On November 21, 2013, the Plaintiff transferred the instant loan claims to the Plaintiff, and delegated the authority to notify the assignment of claims.

C. The Plaintiff, on behalf of C, notified the Defendant of the above assignment of claims by serving a duplicate of the instant complaint.

2. According to the above facts of determination, the Defendant appears to have given the Plaintiff the instant loan claim amounting to KRW 240 million and the evidence submitted by the Plaintiff at the time of repayment as requested by the Plaintiff, among the loan claim amounting to KRW 1.41 billion and KRW 1.40 million, but the period of repayment of the instant loan is not clear (the “date of August 10, 2007,” which is the date of payment indicated in the 2 Promissory Notes No. 2-3 of the evidence No. 2 of the instant loan, appears to have been due, even if it falls under the case where the period of payment is not specified, C would have given the Defendant a peremptory notice of the return of the instant loan to the Defendant on October 14, 2013, which was filed by the Defendant in relation to the instant loan, and at least after the expiration of a considerable period of time (Article 603(2) of the Civil Act).

As requested by the Plaintiff, the Plaintiff is obligated to pay damages for delay at the rate of 20% per annum from November 28, 2014 to the day of full payment, which is the day following the day when the duplicate of the instant complaint was served to the Defendant.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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