대여금
1. Of the judgment of the court of first instance, KRW 2,00,000 against the Plaintiff and its related thereto, from June 26, 2017 to November 21, 2018.
1. Determination as to the cause of claim
A. According to the purport of each of the statements and arguments set forth in subparagraphs A through 4, the Plaintiff loaned KRW 2,000,000 to the Defendant on July 29, 2015, and the Defendant did not repay the above KRW 2,00,000 to the present day.
(B) The defendant asserts that the above KRW 2,000,000 was paid as a subsidy rather than a loan from the plaintiff, but there is no evidence to acknowledge it).
Meanwhile, the Plaintiff asserted that the Defendant agreed to pay the above loan within six months from the date of lending, and claimed damages for delay on the above loan from January 30, 2016. The evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it, and the Plaintiff’s above assertion is without merit.
C. Ultimately, it is reasonable to deem that the Plaintiff lent KRW 2,00,000 to the Defendant without the time limit for repayment. In the absence of an agreement on the time for repayment, the lender shall demand the return of the loan within a reasonable period and the borrower shall be liable for the delay of performance from the day after the considerable period has elapsed. According to the evidence No. 1, it can be acknowledged that the Plaintiff requested the Defendant to pay the loan by June 15, 2017 while sending the certificate of content to the Defendant on June 25, 2017. Therefore, it is reasonable to deem that the Defendant is liable for delay for the loan from June 26, 2017.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 2,00,000 and damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from June 26, 2017 to November 21, 2018, which is the date when the judgment of the competent court is rendered, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
2. If so, the plaintiff's claim of this case is accepted within the scope of the above recognition, and remainder.