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(영문) 서울중앙지방법원 2019.10.11 2019가합468
대여금 청구의 소
Text

1. As to KRW 510,450,00 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 510,450,000 from April 15, 2019 to May 31, 2019.

Reasons

On April 9, 2009, the Plaintiff transferred KRW 10 million to the account of Defendant National Bank on April 9, 2009; and thereafter, the Defendant prepared a loan certificate to the effect that the Defendant borrowed KRW 10 million from the Plaintiff and issued it to the Plaintiff on around 2014, and the fact that the Defendant issued the loan certificate to the Plaintiff is not in dispute between the parties, or is recognized in accordance with the purport of each of the entries and arguments set forth in subparagraphs A and 2.

According to the above facts of recognition, it is reasonable to deem that the Plaintiff lent KRW 10 million to the Defendant on or around April 9, 2009. Thus, the Defendant is obligated to repay the above loan to the Plaintiff.

On the other hand, the Plaintiff also sought payment of damages for delay from April 9, 2009, which the Plaintiff lent to the Defendant for the above loan amounting to KRW 10 million, but there is no evidence to prove that there was a specific setting of payment period for the above loan.

Furthermore, in a loan for consumption where no time for repayment has been fixed, a person shall be held liable for delay after a considerable period of time has elapsed since the peremptory notice for the payment of the loan was given (Article 603(2) of the Civil Act). There is no evidence to prove that the Plaintiff separately notified the Defendant of the repayment of the loan prior to the filing of the instant lawsuit, and thus, it is reasonable to deem that the maturity period has arrived on April 14, 2019 after a considerable period of one month from March 14, 2019, on which the copy of the instant complaint stating the Plaintiff’s peremptory notice for the repayment was served on the Defendant

Therefore, from April 15, 2019 to May 31, 2019, the following day of the above repayment period for the Plaintiff, the Defendant is 15% per annum as stipulated in Article 3(1) main text of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and Article 3(1) main text of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); and 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 1, 2019 to the day of full payment.

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