대여금
1. As to the Plaintiff KRW 26,00,000 and KRW 23,000 among them, the Defendant shall pay to the Plaintiff KRW 26,000,000 from October 24, 2009.
1. The Plaintiff indicated the claim: ① on February 11, 2006, the agreed rate of KRW 23,000,000 to the Defendant was set as 10% on February 10, 2007; ② on October 23, 2009, the agreed rate of KRW 3,000,000 was set as 10% without setting the due date.
Therefore, the defendant is obliged to pay the plaintiff 26,000,000 won and damages for delay.
2. Article 208 (3) 1 of the Civil Procedure Act:
3. Some dismissed parts of the Plaintiff claimed damages for delay arising from October 24, 2009, the second loan day following the second loan date. However, the Plaintiff did not set the due date for repayment for the second loan to the Defendant. On May 6, 2015, the Plaintiff sent a content-certified mail demanding the Defendant to pay the second loan. Thus, the Defendant is obliged to pay the second loan from May 7, 2015, the next day following the delivery date of the above content-certified mail.
Therefore, the Plaintiff’s claim for damages for delay calculated at the rate of 10% per annum from October 24, 2009 to May 6, 2015 is rejected.