대여금
1. The Defendants shall jointly and severally serve as KRW 32,500,000 on the Plaintiff and as a result, from October 19, 2019 to August 13, 2020.
1. Comprehensively taking account of the overall purport of the statements and arguments by Gap 1 through 3 and Eul 1 as to the cause of the claim, the plaintiff loaned KRW 50 million to the defendant Eul on March 16, 2012 without fixing the interest and the due date for payment. The defendant C provided joint and several guarantee to the plaintiff (hereinafter the above loan and joint and several guarantee agreement collectively referred to as "the agreement in this case"), and the plaintiff urged the defendants to perform the agreement in this case on October 7, 2019 until October 18, 2019. Meanwhile, the plaintiff was paid KRW 50 million from March 16, 2012 to April 29, 2012 from the defendants to April 31, 2018; KRW 100 million from January 31, 2018; and KRW 500,500,000,000,000 to the plaintiff.
In cases where the repayment period has not been determined, the lender shall demand the return thereof within a reasonable fixed period (Article 603(2) of the Civil Act), and the borrower shall be liable for delay from the day following the expiration of the maximum period. Thus, barring any special circumstance, the Defendants are jointly and severally liable to the Plaintiff for payment of damages for delay from October 19, 2019, which is the date following the expiration of the maximum period for repayment.
Therefore, the part of the Plaintiff’s claim for damages for delay from February 16, 2018 to October 18, 2019 is rejected.
A. The Defendants asserted by the Defendants, in addition to KRW 5,00,00 as the Plaintiff, remitted the Plaintiff’s account in the name of the Plaintiff to KRW 12 million on March 17, 2012, and KRW 12,00,000 on January 31, 2018, and paid KRW 58,240,00 in cash; and ③ Defendant C paid KRW 4,905,00 in cash, which was ordered by the Plaintiff around 2013, by providing the Plaintiff with all of the loan obligations under the instant agreement. Accordingly, the Plaintiff’s claim cannot be complied with.
B. Defendant B’s determination as to the portion of remittance of KRW 12.5 million (i) shall be KRW 10 million on March 17, 2020 to the Plaintiff.