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(영문) 부산지방법원동부지원 2020.05.14 2019가합106964
공사대금
Text

1. The Defendant’s KRW 250,000,000 as well as 5% per annum from November 11, 2019 to May 14, 2020 to the Plaintiff.

Reasons

1. According to the purport of the argument in Gap evidence No. 4 as to the cause of the claim, since the plaintiff lent KRW 250,000,000 to the defendant on June 10, 2017, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 12% per annum under the Civil Act until May 14, 2020, which is the date of delivery of a copy of the complaint in this case, from November 11, 2019, where it is deemed reasonable for the defendant to dispute about the existence and scope of the obligation, since 1 month recognized as the reasonable period from October 11, 2019, which is the date of delivery of a copy of the complaint in this case, from November 11, 2019 to May 14, 2020, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

[Plaintiff is claiming damages for delay 12% per annum from the day after the delivery date of the copy of the complaint of this case to the above loan, but when there is no agreement on the time of return in the loan for consumption, the lender shall set a reasonable period and demand the return thereof (Article 603(2) main text of the Civil Act). The borrower shall be liable for delay after the expiration of a reasonable period from the receipt of the peremptory notice, and there is no evidence to prove that the plaintiff notified the repayment of the above loan before the filing date of the suit of this case. The plaintiff shall not accept the claim for damages for delay from November 10, 2019 recognized as being the reasonable period from the day after the delivery date of the copy of the complaint of this case to November 10, 2019.

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