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(영문) 수원지방법원 2016.06.01 2014가단70135
대여금
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 5% per annum from January 6, 2015 to June 1, 2016.

Reasons

In full view of the facts without dispute between the parties, Gap evidence No. 1, and Eul witness's testimony, the plaintiff was acknowledged to have lent 40 million won to the defendant on January 27, 2006 without having agreed upon interest or having agreed on the due date for payment, and each statement of Eul evidence No. 1 through 3 (including the serial number in the case of serial number) is insufficient to be followed. Thus, the defendant is liable to pay to the plaintiff the borrowed amount of KRW 40 million and delay damages.

On the other hand, in the case of a loan for consumption without the time of repayment, the lender shall notify the lender of the return within a reasonable period pursuant to Article 603(2) of the Civil Act, and the borrower shall be liable for delay from the time when the lender notified the return of the loan. There is no assertion as to the fact that the Plaintiff notified the Defendant of the return of the loan of this case before the delivery of the copy of the complaint of this case. Thus, it shall be deemed that the maturity of the loan of this case was due on January 5, 2015 after the period deemed reasonable from December 5, 2014, which is the delivery date of the copy of the complaint of this case where the Plaintiff notified the Defendant of the return of this case.

Therefore, the defendant is obligated to pay to the plaintiff 40 million won with 5% per annum as stipulated in the Civil Act and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 6, 2015 until the date following the due date until the date when the judgment of this case is rendered, where it is deemed reasonable that the defendant's claim against the plaintiff as to the existence or scope of the obligation to repay, and damages for delay at the rate of 15% per annum as stipulated

Thus, the plaintiff's claim is reasonable within the above scope of recognition, and the remaining claims are dismissed as they are without merit.

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