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(영문) 춘천지방법원영월지원 2015.04.29 2014가단11456
대여금
Text

1. The defendant shall pay 40 million won to the plaintiff and 20% per annum from December 23, 2014 to the day of complete payment.

Reasons

1. According to the evidence Nos. 2 and 3, there is no dispute between the parties to the judgment as to the cause of the claim, or according to the evidence Nos. 2 and 3, the Plaintiff loaned to the Defendant a total of KRW 30 million on December 17, 2004, and KRW 50 million on December 18, 2014 without fixing the due date for repayment. The Plaintiff received repayment of KRW 10 million from the Defendant as part of the principal out of the loan around December 2012, and the Plaintiff urged the Defendant to pay several times, and according to the above acknowledged facts, it is reasonable to view that the period has elapsed since the Plaintiff notified the Defendant of the return.

On the other hand, if there is no time limit for the performance of the obligation, the obligor shall be liable for the delay of performance from the day after receiving the claim.

(see, e.g., Supreme Court Decisions 88Da3253, Nov. 8, 198; 2012Da29557, Apr. 10, 2014). Therefore, the Defendant is obligated to pay the remaining loan amount of KRW 40 million, and damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 23, 2014 to the date of full payment, as the Plaintiff seeks.

2. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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