대여금
1. The defendant shall pay 28 million won to the plaintiff and 20% per annum from March 27, 2015 to the day of complete payment.
1. Comprehensively taking account of the facts of recognition and the purport of evidence No. 1 written by the Plaintiff, the Plaintiff may be deemed to have leased KRW 28 million from August 24, 2012 to October 31, 2012. As such, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 20% per annum from March 27, 2015 to the day of full payment, which is the day following the day when the copy of the instant complaint was served, to the day when the copy of the instant complaint was served.
(A) The Plaintiff filed a claim for late payment damages from November 1, 2012. However, the Plaintiff’s claim for late payment damages is insufficient to acknowledge the fact that the loan claim in this case was due on October 31, 2012, and there is no other evidence to acknowledge it. In the case of a claim for which the maturity date has not been fixed, the obligor shall be held liable for delay from the time of receiving a claim for performance from the obligee. Thus, the Plaintiff’s claim for late payment damages is justified within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.