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(영문) 서울서부지방법원 2020.02.07 2018가단236398
대여금
Text

1. As to the Plaintiff’s KRW 80,000,000 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff KRW 50,00,000 from December 14, 2018.

Reasons

1. Facts of recognition;

A. On November 24, 2014, DD, a female student, applied for immunity on December 18, 2018 with respect to the Plaintiff’s above loan claims, etc. by Seoul Rehabilitation Court 2018, the Seoul Rehabilitation Court (103816) and decided to grant immunity on October 8, 2019, and the said decision became final and conclusive on October 23, 2019.

Accordingly, the plaintiff withdrawn the lawsuit against D on January 10, 2020.

(Name of Opening: E) lent KRW 30 million to the Defendant, and the Plaintiff and the Defendant, the Defendant, the Defendant, guaranteed the above obligation.

B. On April 13, 2015, the Plaintiff lent KRW 50 million to the Defendant and D. The loan certificate contains the following: “The sum of KRW 810,000,000 per month and interest KRW 2,50,000 per month shall be repaid on the 14th day of each month.”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. First, we examine the loan amounting to KRW 30 million on November 24, 2014.

According to the above facts, the above loan obligation is deemed to be an obligation with no fixed time during which the repayment is due, and in the case of a loan for consumption with no agreement to return, the lender shall demand the return thereof with a reasonable period fixed (Article 603(2) of the Civil Act), and the borrower shall be liable for delay from the time when a reasonable period has elapsed since the lender notified the return.

The record clearly shows that the duplicate of the complaint of this case, which contains the Plaintiff’s declaration of intent to request the performance of the above loan, was served on the Defendant on November 13, 2018, and it is reasonable to view that the maturity period of the above loan claim has arrived on December 13, 2018 after one month recognized as a reasonable period from the above date.

B. On April 13, 2015, loan amounting to KRW 50 million is deemed as follows:

The Plaintiff asserted to the effect that, on April 15, 2019, the Defendant and D borrowed KRW 50,000,000 from the preparatory documents of April 15, 2019, the Plaintiff lost the benefit of time due to the lack of payment of the principal and interest for each month, even though the Defendant agreed to pay the principal and interest in installments. The Defendant is also receiving the said preparatory documents on April 18, 2019.

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