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창원지방법원 마산지원 2018.11.15 2018가단3956
대여금
Text

1. As to the Plaintiff A’s 35,00,000 won, 27,000,000 won to Plaintiff B, and each of the above amounts, from September 19, 2018.

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. Some of the plaintiffs are claiming against the defendant for the payment of damages for delay after the day following the delivery date of a copy of the complaint against the loan, but the lender shall set a reasonable period and give peremptory notice to the lender in a loan for consumption of money for which no agreement is made on the time of return (see Article 603(2) of the Civil Act). Thus, the borrower shall be liable for delay after the reasonable period from the

Therefore, it is reasonable to view the above reasonable period as one month, in full view of all the circumstances revealed in the proceedings of the pleading of this case, such as the amount of loans to the defendant, the relationship between the plaintiffs and the defendant, etc., and the fact that the duplicate of the complaint of this case, in which the plaintiffs' expression of intent to return the loans to the defendant, reached the defendant on August 18, 2018.

Therefore, the Defendant is obligated to pay the Plaintiff A the amount of loans of KRW 35,00,000, KRW 27,000,000 and each of the above amounts to the Plaintiff B, calculated at the rate of 15% per annum from September 19, 2018 to the date of full payment, which is one month after the delivery of a copy of the instant complaint, to the day of full payment.

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