대여금
1. The Defendant’s KRW 15,500,000 as well as the annual rate from September 3, 2019 to March 6, 2020, and the following.
1. Determination as to loan claims
A. The Plaintiff’s summary of the Plaintiff’s assertion lent a total of KRW 15 million to the Defendant from January 10, 2015 to July 1, 2015.
Therefore, the defendant is obligated to pay to the plaintiff interest or delay damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the delivery date of a copy of the complaint of this case to the day of complete payment.
B. Determination 1) Comprehensively taking account of the respective descriptions and arguments stated in Gap evidence 2, Gap evidence 3 and 4-1 and 2, it is recognized that the plaintiff loaned the defendant the total amount of KRW 5 million on January 10, 2015, KRW 3 million on January 11, 2015, KRW 15 million on January 16, 2015, KRW 300,000 on February 15, 2015, KRW 300,000 on April 10, 2015, KRW 15,500,000 on July 1, 2015, the defendant is obligated to pay to the plaintiff interest or delay damages.
3) (a) We examine the scope of interest or delay damages:
As seen earlier, the Plaintiff sought the payment of interest or delay damages on each of the above loans from the day following the delivery date of the original copy of the instant payment order.
B) As to the preferential interest claim, it is difficult to recognize that the Plaintiff and the Defendant entered into an interest agreement on each of the above loans only with the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge otherwise, this part of the claim is rejected.
In case of a loan for consumption with no fixed time for payment, the borrower shall assume the responsibility for delay of payment from the time when a reasonable period has elapsed after the lender demands the return thereof.
However, it is difficult to recognize the fact that the evidence submitted by the plaintiff alone determined the repayment period for each of the above loans, and there is no other evidence to acknowledge it, each of the above loans is a loan for consumption without setting the repayment period.
b) the Commission;