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(영문) 전주지방법원 2017.01.11 2016가단14012
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,00,000 as well as 20% per annum from June 24, 2016 to the day of full payment.

Reasons

While the Plaintiff lent money to the Defendant several times, the fact that the Plaintiff and the Defendant, among the loans on August 15, 2015, agreed to settle the outstanding principal and interest at KRW 27 million, and to pay interest at 20% per annum from September 15, 2015, does not conflict between the parties, and that the Plaintiff’s duplicate of the complaint of this case was served on the Defendant on May 24, 2016.

According to the above facts, it is deemed that the contract for a loan for consumption with no agreement of the time of return was subject to a considerable period of time from the time when the plaintiff notified the return. Thus, the defendant is obligated to return the principal amount of KRW 27 million to the plaintiff and pay damages for delay equivalent to the interest calculated at the rate of 20% per annum from June 24, 2016 to the day of full payment, which the plaintiff seeks after the lapse of a reasonable period from the time when the notice was given.

Therefore, the plaintiff's claim is justified and accepted.

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