대여금
1. The Defendant’s KRW 42,100,000 as well as 5% per annum from June 4, 2016 to November 25, 2016 to the Plaintiff.
1. The Plaintiff loaned KRW 43,00,000 to the Defendant on June 5, 2014, KRW 20,000,000, and KRW 15,000 on June 10, 2014, and KRW 15,00,000 on November 27, 2014; and the Defendant leased KRW 43,00,000 to the Plaintiff on June 30, 2014; and the Defendant paid KRW 300,000,00 in total to the Plaintiff on September 30, 2014, either there is no dispute between the parties, or in accordance with the purport of the entire pleadings and arguments as a whole.
2. The Plaintiff asserts that he agreed to receive interest of KRW 300,000 per month from the Defendant in relation to the above loan. As seen earlier, it is recognized that the Defendant paid KRW 300,000 each time to the Plaintiff, and according to the evidence No. 3, it is recognized that the Plaintiff sent text messages related to the existence of interest while demanding the Defendant to repay the loan. However, considering the relationship between the Plaintiff and the Defendant and the fact that text messages sent by the Plaintiff to the Defendant were unilaterally drawn up, it is insufficient to recognize that there was an interest agreement asserted by the Plaintiff solely based on such facts, and there is no other evidence to prove otherwise.
In such a case, the Defendant’s payment of the total amount of KRW 900,000 to the Plaintiff three times is considered as the repayment of the principal of the loan.
3. The lender is required to demand the return of the loan in this case by setting a reasonable period (main sentence of Article 603(2) of the Civil Act). However, as seen earlier, it is recognized that the plaintiff sought the return of the loan in this case to the defendant several times before the application for the payment order in this case. Thus, there is no problem in calculating damages for delay from the day after the delivery date of the original copy of the payment order as sought by the plaintiff in this case.
4. Therefore, the Defendant from June 4, 2016, which was the day following the delivery date of the original payment order, to the Plaintiff (43,000,000 won - 900,000 won).