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(영문) 부산지방법원 2017.10.17 2016가단66130
대여금등
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from December 10, 2016 to the date of full payment.

Reasons

1. The plaintiff to indicate the claim: ① on March 31, 201, KRW 30 million to the defendant; ② on the same year

6. Loaning KRW 70 million without fixing the due date on February 2, 198 (Article 208(3)2 and Article 150(3) of the Civil Procedure Act): Provided, That the Plaintiff seeking payment of the above loan KRW 70 million at a rate of 5% per annum as stipulated in the Civil Act from July 1, 2011 to the delivery date of a copy of the complaint of this case. However, as seen earlier, the Plaintiff leased the above KRW 70 million to the Defendant without fixing the due date, the above loan debt is liable for delay from the time when the Defendant received a request for performance (see, e.g., Supreme Court Decision 88Da3253, Nov. 8, 198), and there is no evidence to deem that the Plaintiff paid the above loan KRW 70 million to the Defendant prior to the filing date of the suit of this case, and thus, the Plaintiff’s assertion that the repayment of the debt of this case was due from 160% to the Defendant.

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