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(영문) 인천지방법원 2020.01.30 2018가단25549
대여금
Text

1. Defendant C’s KRW 7,00,000 as well as annual 5% from September 20, 2018 to January 30, 2020, respectively, to the Plaintiff.

Reasons

1. The Plaintiff’s lending of KRW 2 million to Defendant C on November 29, 2009, KRW 3 million on December 1, 2009, and KRW 7 million on March 23, 2012 to Defendant C does not have any dispute between the Plaintiff and Defendant C.

Meanwhile, inasmuch as the Plaintiff did not express any argument as to the repayment period of the above loan, the above loan constitutes a loan for consumption without a fixed term, and in the case of a loan for consumption with no fixed term, the obligee’s demand for the return pursuant to Article 603(2) of the Civil Act occurs from the date on which a considerable period of time has elapsed after the obligee notified the Defendant C of the return, and thus, it is reasonable to deem that the duplicate of the complaint of this case, in which the Plaintiff expressed his/her intent to return the loan against the Defendant C was served on September 5, 2018, and that the said loan has arrived on September 19, 2018 when two weeks, which is deemed reasonable.

2. Upon receiving a request from the Defendants for the lending of the expenses for vessel license, the Plaintiff asserted that the Plaintiff paid a total of KRW 45 million directly to D who arranged the vessel license purchase on November 30, 2009, and lent the said KRW 45 million to the Defendants. However, the entries in the evidence No. 4 alone are insufficient to recognize the Plaintiff’s assertion, and there is no other evidence to acknowledge otherwise.

The agreement to the effect that the Defendant would repay KRW 65 million to the Plaintiff by May 30, 2010 (Evidence A) is disputing the establishment of the said document. Thus, the Plaintiff who submitted the said document must prove the authenticity of the document, and the evidence alone submitted by the Plaintiff is insufficient to accept the authenticity of the document, and there is no other evidence to prove it. Thus, the Plaintiff shall not be admitted as evidence. Upon receiving a request from the Defendants for a request from the Defendants to lend the expenses for building a ship, the Plaintiff’s direct statement of KRW 15 million on November 26, 2019, and KRW 15 million on February 11, 2010.

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