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(영문) 창원지방법원 진주지원 2021.03.12 2020가단2188
대여금
Text

The defendant's KRW 100,000,000 and its relation to the plaintiff shall be 5% per annum from April 24, 2019 to May 27, 2020.

Reasons

1. The fact that the Plaintiff leased KRW 100,000,000 to the Defendant on April 24, 2018 that the due date for repayment was set as of April 23, 2019 does not conflict between the parties, or that the Plaintiff’s loaned to the Defendant on April 23, 2019 as to the cause of the claim is recognized by the evidence Nos. 1 through 3.

After submitting a formal written response on September 11, 2020, the defendant only submitted reference materials on October 30 of the same year and did not specifically dispute the plaintiff's above claim.

Therefore, this court ordered the submission of a document stating reference materials submitted as above on December 23, 2020, but the defendant did not comply with it until now.

Therefore, from April 24, 2019, the Defendant did not specify the purport of the Plaintiff’s claim as of April 24, 2019, the above loan amounting to KRW 100,000,000 and the following day after the due date for payment. However, the Defendant’s prior determination is based on the Plaintiff’s ground for claim that the Plaintiff seeks delayed damages from the day following the due date for repayment of the loan.

Until May 27, 2020, the delivery date of the duplicate of the complaint of this case, 5% per annum under the Civil Act, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the full payment date, are obligated to pay delayed damages.

2. The plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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