대여금
The defendant's KRW 100,000,000 to the plaintiff as well as 6% per annum from March 17, 2020 to November 26, 2020.
1. 청구원인에 관한 판단 원고가 2015. 12. 29. 토목건축공사업 등을 영위하는 피고로부터 사업상 용도로 1억 원을 대여해 줄 것을 요청받고 차용증을 교부받은 후 2015. 12. 30. 피고에게 1억 원을 대여(이하 ‘이 사건 대여’라 한다)한 사실은 당사자 사이에 다툼이 없거나 갑 제1, 2호증의 각 기재에 의하여 인정된다.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of KRW 100 million per annum under the Commercial Act from March 17, 2020, which is the day following the delivery date of a copy of the complaint of this case, to November 26, 2020, which is deemed reasonable for the Defendant to dispute about the existence and scope of the obligation to pay to the Plaintiff 6% per annum under the Commercial Act, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day until the day of complete payment.
The Plaintiff seeks payment of interest calculated at the rate of 6% per annum as prescribed by the Commercial Act from December 31, 2015 to March 16, 2020, which is the service date of a copy of the complaint in this case from December 31, 2015, following the lending date.
However, there is no evidence that there was an agreement between the Plaintiff and the Defendant on interest, and even if the Plaintiff seeking a payment of statutory interest under the Commercial Act, Article 55(1) of the Commercial Act provides that a merchant may claim a statutory interest if he/she lends money for his/her business. However, there is no evidence to acknowledge that the Plaintiff is a merchant, and it cannot be said that the Plaintiff may claim a statutory interest under the Commercial Act against the Defendant, the borrower, by applying Article 55(1) of the Commercial Act
Therefore, we cannot accept the part demanding the payment of interest during the plaintiff's claim.
However, it is reasonable to view that the above loan, the repayment period of which has not been determined separately, arrives on March 16, 2020 when a copy of the complaint of this case was served, and it shall be from the following day to the date of full payment.