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(영문) 전주지방법원군산지원 2015.03.19 2015가합115
대여금
Text

1. The Defendant shall pay 115,443,00 won to the Plaintiff and 20% interest per annum from December 30, 2014 to the day of full payment.

Reasons

1. There is no dispute between the parties that the Plaintiff lent to the Defendant the amount of KRW 48,443,00 on June 21, 2010, KRW 30,000 on September 30, 201, KRW 25,000,00 on May 29, 2014, KRW 103,443,00 on a total, and KRW 103,00 on a return basis without an agreement on the return date.

Meanwhile, according to the statement in Gap evidence No. 1, the plaintiff can be found to have transferred the defendant's former bank account (C), 4,000,000 won on June 17, 2006, and 4,000,000 won on July 18, 2006, and 12,000,000 won on August 17, 2006, and 17,000,000 won on the whole. In full view of Gap evidence Nos. 1 and 2 and the purport of all pleadings, the plaintiff asserted that the defendant's account transferred the above 12,40,000 won to the defendant on June 21, 200 and the defendant's account transferred the above 12,00,000 won to the defendant on June 1, 20, the plaintiff did not claim that the plaintiff lent the above 300,000 won to the defendant without any explanation.

Therefore, barring special circumstances to the Plaintiff, the Defendant is obligated to pay 15,443,00 won in total (103,443,000 12,000) and 20% interest per annum from December 30, 2014 following the delivery date of payment order to the Plaintiff.

2. The defendant's assertion argues to the purport that the plaintiff's claim is unjustifiable, since he did not demand the return of the loan even though the plaintiff must notify the defendant of the return of the loan within a reasonable period of time.

In the event that there is no agreement on the time of return in a loan for consumption, the lender shall demand the return of the loan with a reasonable period fixed (Article 603(2) of the Civil Act). Even if there is no fact that the Plaintiff had demanded the return of the loan before filing a lawsuit, the lender shall fix a reasonable period by serving the complaint.

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