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(영문) 서울북부지방법원 2017.11.23 2017가합26113
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 255,80,000 and the interest rate of KRW 15% per annum from November 24, 2017 to the date of full payment.

Reasons

1. The Plaintiff used a total of KRW 343,00,000 to the Defendant from January 2013 to September 2013.

However, the Defendant paid only KRW 87,200,000 out of the above borrowed money to the Plaintiff, and even though the Plaintiff urged the Defendant to pay several times, the remainder of KRW 255,80,000 is not paid.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 255,800,000 and damages for delay from September 27, 2013, which is the day following the date on which the Defendant borrowed the last money from the Plaintiff.

2. Judgment by public notice on the basis of recognition (Article 208 (3) 3 of the Civil Procedure Act);

3. Part concerning partial dismissal

A. The gist of the claim is that the Defendant is obliged to pay the Plaintiff a delay payment of KRW 255,80,000 from September 27, 2013, which is the day following the date on which the Defendant subsequently borrowed the money from the Plaintiff.

B. There is no evidence to prove that there was an agreement between the Plaintiff and the Defendant on the time of repayment of the loan.

Meanwhile, pursuant to the main text of Article 603(2) of the Civil Act, when there is no agreement on the time of return, the lender shall demand the return with a reasonable period fixed, and the borrower shall be liable for delay from the day following the expiration of the due date (see, e.g., Supreme Court Decision 68Da2313, Jan. 28, 1969). There is no evidence to prove that the Plaintiff separately notified the Defendant of the repayment of the above loan prior to the institution of the instant lawsuit, and the fact that the duplicate of the complaint of this case stating the Plaintiff’s peremptory declaration of intent to return the loan was delivered to the Defendant on November 8, 2017 is apparent, and therefore, it is reasonable to deem that from that time a considerable period necessary for the preparation

Ultimately, the defendant should be held liable for delay from November 24, 2017, the day following the date of the ruling of this case.

Therefore, the defendant shall pay 255,800,000 won to the plaintiff.

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