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(영문) 서울서부지방법원 2019.01.30 2018가단9725
대여금
Text

1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from October 24, 2013 to June 27, 2018.

Reasons

1. Basic facts

A. On December 23, 2007, the Plaintiff lent 35,000,000 won to the Defendant without specifying the due date, interest rate, etc. on the loan certificate.

(hereinafter “instant loan”). (b)

On September 26, 2013, the Plaintiff sent to the Defendant a letter proving that he/she would repay the total amount of KRW 76,300,000,000 of the principal and interest of the instant loan until October 23, 2013 (the Plaintiff reached the Defendant around that time). On December 5, 2017, the Plaintiff sent to the Defendant a letter proving that he/she would repay the total amount of KRW 106,90,000 by December 24, 2017.

(A) Around that time, the defendant reached the defendant. [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserted that the parties concerned claim the Defendant for the payment of KRW 35,000,000 of the instant loan and the delayed payment damages.

In this regard, the Defendant agreed to exempt the Plaintiff from the obligation of the instant loan during the mediation of the lawsuit for return of investment deposit. ② Even if it is not so, the extinctive prescription of the instant loan claim has expired, and thus, the Plaintiff’s claim is groundless.

B. In full view of the facts stated in paragraph (1), it shall be deemed that the repayment period at the time of the instant loan was fixed and notified to the Defendant on October 23, 2013 by the Plaintiff that the repayment period had not been determined at the time of the loan, and that the repayment period has arrived on October 23, 2013. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from October 24, 2013 to June 27, 2018, which is obviously the delivery date of a copy of the instant complaint, to the Plaintiff, and from the next day to the day of full payment, 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, barring any special circumstance.

Next, as to the defendant's above defenses, the whole pleadings are made in the statement No. 1 and No. 2.

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