A. On December 31, 2004, the Plaintiff prepared and issued a certificate of borrowing that the Defendants borrowed 170 million won in total from the Plaintiff, from the Defendants on December 31, 2004, to the effect that the Defendants borrowed 170 million won in total.

3) The Defendants borrowed the above money under the pretext of engaging in the business of purchasing leleers and used it for the purpose of purchasing houses or vehicles needed for common life of both spouses. At the time of the preparation of the above loan certificate, the Defendants were going in company with the Defendants, and they were well aware of such circumstances. Accordingly, the Defendants are jointly and severally liable to pay the Plaintiff the loan amount of KRW 170 million and the damages for delay.

(b) Article 208(3)3 of the Civil Procedure Act:

2. The part dismissing part of the Plaintiff is jointly and severally sought payment of interest and delay damages from January 1, 2005, which is the date following the conclusion of a loan contract with the Defendants. Thus, there is no evidence to prove that the Plaintiff agreed on the interest and payment period while lending the above money. Thus, the period during which the lender notified the return of the loan within a reasonable period pursuant to Article 603(2) of the Civil Act, and the loan for consumption is due only after the lapse of such period after the lender notified the return of the loan within the reasonable period.

However, there is no evidence to prove that the Plaintiff notified the Defendants of the return of the loan prior to the filing of the instant lawsuit.

Therefore, it is reasonable to deem that the period of repayment on April 29, 2015, which was the date when a considerable period of time elapsed from March 27, 2015, was the date on which the Plaintiff’s declaration of intent to demand performance was served by public notice. Therefore, it is reasonable to deem that the payment of damages for delay was due from April 30, 2015, which is the following day.