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(영문) 서울남부지방법원 2018.07.13 2017가단31474
대여금
Text

1. The Defendant’s KRW 50,000,000 as well as its annual rate from May 4, 2018 to July 13, 2018 to the Plaintiff.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

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

3. The part to which partial dismissal is dismissed is claiming damages for delay from March 25, 2017, but there is no evidence to acknowledge that the repayment period has been fixed with respect to the instant loan. Thus, the instant loan is a claim with no fixed deadline. In such a case, the obligor is liable for delay from the time of receiving a request for performance (Article 387(2) of the Civil Act). The Defendant should pay damages for delay from the day following the delivery of a duplicate of the complaint of this case.

Therefore, the Plaintiff’s claim for damages for delay beyond the above recognition scope is without merit.

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