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(영문) 광주지방법원 2018.11.15 2017가합55478
대여금
Text

1. As to KRW 125,136,00 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff the year from July 7, 2017 to November 15, 2018.

Reasons

On September 6, 2008, the plaintiff asserted that the plaintiff lent KRW 20 million to the defendant on September 6, 2008. The defendant is obligated to pay the plaintiff interest of KRW 20,000,000 and interest thereon after September 6, 2008.

The plaintiff lent KRW 80,00,000 to C and the defendant around the time when the plaintiff's husband, who is the plaintiff's husband, married with the defendant, and thereafter, C and the defendant used KRW 60,000,000 out of the above KRW 80,000 at the time of purchase of the apartment around September 8, 2008 as apartment purchase fund. The defendant is obligated to pay the plaintiff the interest accrued after September 8, 2008.

On November 29, 2010, the Plaintiff lent KRW 100,000,00 to the Defendant at an annual interest rate of 6%. The Defendant paid only interest until February 24, 2014, and did not pay all the remainder of the principal and interest. The Defendant is obliged to pay the Plaintiff KRW 100,000,000 and interest accrued after February 25, 2014.

On August 9, 2016, the Plaintiff received real estate mortgage loans and lent KRW 107,00,000 to the Defendant and C, a couple, and the Defendant and C paid only the loan interest until May 25, 2017, even though they agreed to repay the principal and interest of the secured loan. The Defendant is obligated to pay the Plaintiff KRW 107,00,000 and interest thereon after May 26, 2017.

Judgment

Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 regarding the claim for loans (20,000,000 won) from September 6, 2008, the plaintiff loaned KRW 20,000,000 to the plaintiff and the defendant, who are her husband, on September 6, 2008, and the defendant on September 6, 2008, as well as the fact that the plaintiff and the network D did not enter into an interest agreement at the time of lending the above money to the defendant and C, and it is recognized that the time limit for payment has not been set, and it is evident that the copy of the complaint of this case stating the purport of seeking payment of KRW 20,00,000,000, was delivered on July 6, 2017 to the defendant.

According to the above facts of recognition, the plaintiff's above claims are claims with no fixed period of time.

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