대여금
1. The Plaintiff:
A. As to KRW 13,00,000 and KRW 8,000 among them, Defendant C shall be KRW 5,000,000,00.
1. The fact that the Plaintiff leased KRW 1 million to Defendant C, around February 11, 201, as of March 11, 201, the due date for repayment was determined and lent as of March 11, 201; ② a loan of KRW 2 million as of March 17, 201, as of July 30, 201; ③ a lease of KRW 5 million as of October 31, 201; ④ a loan of KRW 5 million as of February 31, 201; ④ a loan of KRW 5 million as of February 28, 2012 is without dispute between the parties.
The Plaintiff asserted that the Plaintiff lent KRW 2 million to Defendant C around November 23, 2011, but it is difficult to recognize the above lending by only the statement in the evidence No. 1-4, and there is no other evidence to acknowledge it.
Therefore, Defendant C is obligated to pay the Plaintiff the total amount of KRW 13 million (i.e., KRW 2 million KRW 5 million) and damages for delay.
As to this, Defendant C has asserted that the loan amounting to KRW 1 million as of February 11, 201, KRW 2 million as of March 17, 201, KRW 5 million as of October 31, 201, and KRW 5 million as of October 31, 201, and Defendant C has repaid KRW 2 million as of February 28, 201, and there is no evidence to acknowledge the above assertion of Defendant C’s above payment. Thus, Defendant C’s defense cannot be accepted.
If so, Defendant C’s above KRW 13 million and each of its respective periods of repayment are determined for the Plaintiff (i.e., KRW 1 million around February 11, 201, KRW 2 million around October 31, 201, KRW 5 million around March 17, 201), respectively, on the record that each of its respective periods of repayment is from February 9, 2019 to February 28, 2012, and on the record that the delivery date of the complaint of this case sought by the Plaintiff is from February 2019 to February 28, 2012. According to Article 603(2) of the Civil Act of March 8, 2019, if there is no agreement on the time of repayment under a loan for consumption, the lender shall set a reasonable period and notify the lender to return the complaint, and the lender shall return the complaint only after the reasonable period of repayment has elapsed from the date when the repayment was made.