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(영문) 부산지방법원 2015.06.18 2014가합16091
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 20% per annum from January 1, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 2013, the Plaintiff lent KRW 200,000 to the Defendant without setting the due date for payment in relation to the investment of the C Development Project (hereinafter “instant Project”).

(hereinafter “instant loan”). (b)

However, as the Defendant did not repay the instant loan, on June 27, 2014, the Plaintiff sent a content-certified mail to the Defendant demanding payment by December 31, 2014, and the Defendant received the said mail on July 1, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including paper numbers), the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 200,000,000 and delay damages calculated at the rate of 20% per annum from January 1, 2015 to the date of full payment, which is the day following the date of service of the original copy of the instant payment order with a reasonable period of time fixed by the Plaintiff.

(1) The Defendant, at the time of borrowing money from the Plaintiff, set the due date for the instant loan at the expiration of two years after the completion of the instant business, completed the completion inspection on December 2014. Therefore, the Defendant asserted that the repayment period for the instant loan was around December 2016. However, as seen earlier, the instant loan was merely lent without the due date, and there is no other evidence to reverse it as alleged by the Defendant). 3. As such, the Plaintiff’s claim in this case is reasonable, and thus, it is so decided as per Disposition by the assent of all participating Justices.

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