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(영문) 의정부지방법원 2015.04.01 2015가합50085
대여금
Text

1. As to KRW 109,00,000 and KRW 104,000 among them, the Defendant shall pay to the Plaintiff the year from March 1, 2015 to April 1, 2015.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. The ground for partial dismissal is that the Plaintiff seeks payment of interest or delay damages from December 15, 201 to February 28, 2015, which is the day following the Defendant’s partial repayment date, with respect to KRW 104,00,000, out of the amount loaned to the Defendant.

In the case of a loan for consumption where no time of repayment is agreed, the lender shall demand the return of the loan for consumption with a reasonable period fixed in accordance with Article 603(2) of the Civil Act, and the due date shall expire after the peremptory notice of its performance.

However, there is no assertion that the Plaintiff notified the Defendant of the return of the loan prior to the filing of the instant lawsuit.

Therefore, it is reasonable to view that the date when the copy of the complaint in this case stating the Plaintiff’s declaration of intent to request a loan was served on the Defendant, and the maturity date of February 28, 2015, which was one month after the Defendant’s considerable period required for preparing payment, arrives. Therefore, it is reasonable to deem that only the damages for delay from March 1, 2015, the following day, is recognized, and the part concerning the claim for interest or damages for delay is dismissed.

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