(영문) 대구지방법원 2017.04.19 2016나304032

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(영문) 대구지방법원 2017.04.19 2016나304032

대여금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. In addition to the purport of the entire pleadings as to the cause of the claim Gap's evidence Nos. 1-1 and 2, the court below held that the plaintiff lent KRW 3,000,000 to the defendant on June 22, 2012, and KRW 1,00,000,000 to the defendant on July 5, 2012. Thus, the defendant is liable to pay the plaintiff the total amount of KRW 4,00,000,000.

On the other hand, as to damages for delay, the Plaintiff claimed damages for delay from November 1, 2012, if the period of repayment of each of the above loans was set at three months after the date of lending. However, the cash custody certificate No. 1-2 and each of the cash custody certificates No. 1-1-2 is merely a separate blank, and there is no other evidence to acknowledge that the Plaintiff and the Defendant set the period of repayment as above.

Therefore, the plaintiff's loan claims against the defendant shall be a claim with no fixed deadline, and the defendant shall be liable for the delay of performance by the defendant who shall notify the defendant of the performance within a reasonable period of time.

However, there is no assertion or proof that the plaintiff notified the defendant of the separate performance before the filing of the lawsuit in this case. Thus, the defendant shall be liable for delay from the time when a considerable period of time has elapsed since the plaintiff filed the lawsuit in this case and the copy of the complaint in this case

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4,00,000 as well as damages for delay calculated at the rate of 5% per annum under the Civil Act from December 10, 2015 to April 19, 2017, which is the date when a copy of the complaint in this case was served on the Defendant, to November 9, 2015, which is obviously recognized as reasonable for the Defendant to dispute over the existence of the obligation or the scope of the obligation, and the amount of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day until the date of full payment.

2. The defendant's judgment on the defendant's assertion shall be made on his own.

참조조문

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-소송촉진 등에 관한 특례법

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