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(영문) 서울중앙지방법원 2015.05.13 2014가합549753
대여금
Text

1. The Defendant’s KRW 200,000,000 as well as 5% per annum from July 24, 2014 to July 29, 2014 to the Plaintiff.

Reasons

1. On February 11, 2010, the Plaintiff lent KRW 200,000 to the Defendant without having set the due date, and on July 16, 2014, the Plaintiff sent to the Defendant a content-certified mail demanding the Defendant to repay the said KRW 200,000,000 until July 23, 2014, and the fact that the said mail was delivered to the Defendant on July 18, 2014 is recognized by each entry in the evidence Nos. 1, 2, and 3.

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above borrowed amount of KRW 200,000,000 as well as damages for delay calculated at each rate of 5% per annum as prescribed by the Civil Act from July 24, 2014 to July 29, 2014, which is obviously a date on which a copy of the complaint of this case was served to the defendant, which is the day following the due date specified for a considerable period of time when the plaintiff filed for performance, and 20% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day

3. As to this, the defendant's defense to the effect that the plaintiff has not yet arrived since the plaintiff lent the above loan to the court 7 or 10 years from the date of the loan. However, there is no evidence to acknowledge this, and the defendant's defense is without merit.

4. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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