대여금반환
1. The Defendant shall pay to the Plaintiff KRW 32,00,000 and the interest rate of KRW 15% per annum from July 6, 2018 to the day of complete payment.
1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (7) and the purport of the entire pleadings.
A. The defendant is currently in a divorce lawsuit between C and the married couple who completed the marriage report on March 30, 1998.
[Slsan Family Court 2017ddan525 (Mains) and 2018ddan23476 (Counterclaim)]. (b)
C borrowed the sum of KRW 32,00,000 on June 10, 2010 and KRW 32,000,000 on August 16, 2010 from the Plaintiff, without fixing the due date, and used it to pay the lease deposit (the name of the lessee is the defendant) under the D Apartment E, Ulsan-gu, the common domicile of the family members.
2. Determination
A. C borrowed KRW 32,00,000 from the Plaintiff is for the purpose of raising a security deposit for the lease of the common residence of the family, and thus, the Defendant is jointly and severally liable for the obligations arising therefrom pursuant to the main sentence of Article 832 of the Civil Act.
B. On the other hand, in the case of a loan for consumption, if there is no agreement on the time of repayment, the lender shall demand the return of the loan with a reasonable period fixed (Article 603(2) of the Civil Act), and the fact that there was no agreement on the time of repayment as to the above loan, as seen above, there is no evidence to prove the fact that the plaintiff notified the defendant or C before the lawsuit in this case is filed
However, as of January 5, 2018, the Defendant’s delivery date of the instant complaint is [the peremptory notice to return may also be served by the delivery of the complaint (see Supreme Court Decision 68Da2313, Jan. 28, 1969)]. However, it is reasonable to view that the time for return has arrived after the lapse of a reasonable period until July 5, 2018, which is the date of the closing of argument in the instant case.
C. Therefore, the Defendant is obligated to pay to the Plaintiff the above borrowed amount of KRW 32,00,000 as well as damages for delay calculated at the rate of 15% per annum from July 6, 2018 to the date of full payment, which is the day after the date of the closing of the instant argument, to the day of full payment.
The plaintiff.