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(영문) 부산지방법원 2015.07.07 2015가단211520
대여금
Text

1. As to KRW 48,286,300 among the Plaintiff and KRW 15,00,000 among them, the Defendant shall pay to the Plaintiff the year from October 8, 2014 to July 7, 2015.

Reasons

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

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Of the grounds for partial dismissal of the loan principal of KRW 48,286,30 as of March 15, 2015 (attached Form No. 48,286,300 (hereinafter the same shall apply), there is no evidence to acknowledge that there was an agreement between the Plaintiff and the Defendant on the interest and the payment period of KRW 33,286,30,00, excluding KRW 15 million on the loan certificate dated 6, 2014.

In addition, in the case of a loan for consumption without an agreement on the time of repayment, the lender shall demand the return of the loan with a reasonable period fixed (Article 603(2) of the Civil Act), and the borrower shall be liable for delay of payment from the time when the lender notified the return of the loan to the lender. According to each image of subparagraphs 1 and 2-1 and 2-2, the Plaintiff may recognize the fact that on March 17, 2015, the Plaintiff notified the Defendant of the return of the loan including the above loan amounting to KRW 33,286,30,00. Thus, it is reasonable to deem that the Defendant’s above loan’s obligation to pay KRW 33,286,300 has arrived on April 17, 2015, when one month is deemed reasonable from March 17, 2015.

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