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1. The Defendant’s KRW 31,00,000 as well as 3% per annum from March 1, 2018 to November 15, 2018 to the Plaintiff.
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. On December 12, 201, 201, the loan 31,00,000 won was loaned, the Plaintiff sought interest or delayed payment at a rate of 3% per annum from the date of delivery of a copy of the instant complaint after January 10, 201, to the date of full payment, and 15% per annum from the next day to the date of full payment.
Therefore, there is no evidence to prove that there was a 3% annual interest agreement on loans between the Plaintiff and the Defendant with respect to the claim for payment of interest, so the Plaintiff’s claim for payment of interest cannot be accepted.
Meanwhile, in a loan for consumption with no stipulation of time for return, the lender shall give a peremptory notice by setting a reasonable period (see Article 603(2) of the Civil Act), so the borrower shall be liable for delay from the date on which the claim is received by the lender to the lender, and there is no evidence to prove that there was an agreement on the time for return to the Plaintiff’s loan to the Defendant. Therefore, the Defendant shall be liable for delay after the lapse of a reasonable period from
In addition, when adding the purport of the entire argument in Gap evidence No. 5, it is recognized that the plaintiff claims the return of the above loan to the defendant around January 30, 2018, and in light of the amount of the loan of this case, etc., the above reasonable period shall be deemed one month. Thus, the defendant is obligated to pay to the plaintiff damages for delay at the rate of 3% per annum within the scope of interest rate prescribed by the Civil Act from March 1, 2018 when one month has passed from January 30, 2018 to November 15, 2018 when the duplicate of the complaint of this case was delivered, and all damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
Therefore, the plaintiff.