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(영문) 대구지방법원 2019.11.29 2019가단14568
부당이득금
Text

1. The Defendant: KRW 72,300,000 and the Plaintiff’s annual rate from August 30, 2019 to November 29, 2019.

Reasons

In full view of the purport of the entire pleadings in Paragraph A, the Defendant’s loan of KRW 72,30,000 from the Plaintiff during the period from April 2, 2013 to August 3, 2018 is recognized.

Therefore, the defendant is obligated to pay to the plaintiff the above loan amount of KRW 72.3 million and damages for delay.

The Plaintiff claimed for the payment of damages for delay from August 4, 2018, but there is no evidence to acknowledge the fact that the due date for the loan was set on August 4, 2018. Therefore, the foregoing loan obligation is a debt with no fixed due date and is liable for delay only upon the Defendant’s request for performance.

Therefore, the defendant is obliged to pay damages for delay from August 30, 2019, after the delivery of the complaint of this case.

Accordingly, the defendant is obligated to pay to the plaintiff 70 million won and damages for delay at each rate of 5% per annum as stipulated in the Civil Act until November 29, 2019, which is the date of the judgment of this case, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the following day to the date of full payment.

Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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