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(영문) 창원지방법원진주지원 2019.02.15 2017가단8254
대여금
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from July 1, 2018 to February 15, 2019.

Reasons

1. Determination on the claim for loans of KRW 20,000,000

A. On April 13, 2013, the Plaintiff lent KRW 20,000,00 to the Defendant on or around April 13, 2013, as there is no dispute between the parties, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of KRW 20,00,000 and KRW 15% per annum under the Civil Act until February 15, 2019, which is the date following the delivery date of a copy of the complaint in this case, where it is deemed reasonable for the Defendant to dispute as to the existence or scope of the obligation to pay to the Plaintiff, barring any special circumstance.

(1) The plaintiff filed a claim for damages for delay from January 1, 2014. However, inasmuch as there is no evidence that there was an agreement between the plaintiff and the defendant on the time of repayment, the obligation to return the above loan to the plaintiff constitutes a debt for which the deadline for repayment has not been fixed, and thus, the defendant is liable for delay from the day after receiving a claim for performance from the plaintiff. However, there is no evidence to prove that the plaintiff filed a claim for the return of the above loan to the defendant before the delivery of the copy of the complaint of this case

As to the judgment on the defendant's assertion, the defendant was a complaint, and the plaintiff was working as a large truck business operator, respectively, but the defendant was taking into consideration the lack of deposit money for the transportation of agricultural and fishery products by the Association, and borrowed KRW 20,000 from the plaintiff around April 13, 2013, but the plaintiff was exempted from introducing only 10 large trucks to the defendant, and the defendant was willing to introduce large trucks to the plaintiff, so the defendant cannot respond to the plaintiff's request.

The evidence submitted by the defendant alone is that the plaintiff is a honorarium for the introduction of 10 large trucks at the time that the plaintiff lends 20,000,000 won to the defendant.

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