대여금
1. The defendant's KRW 33,00,000 and its amount shall be 5% per annum from July 9, 2020 to September 24, 2020, and the following.
1. Determination as to the cause of claim
A. Comprehensively taking account of the purport of the entire pleadings as to the statement in subparagraph 1, the Plaintiff loaned KRW 15 million to the Defendant on June 20, 2019, KRW 5 million on August 16, 2019, KRW 200 million on August 18, 2019, KRW 8 million on August 23, 2019, KRW 40 million on August 23, 2019, and KRW 60 million on September 6, 2019 (hereinafter “instant loan”). At the time, the Plaintiff and the Defendant are recognized as having received KRW 7 million from the Defendant.
(b) In case of a loan for consumption with no agreement on the time of return, the lender shall demand the return thereof within a reasonable period fixed by the lender, and the borrower shall assume any liability for delay from the time when it has received the peremptory notice.
(See Supreme Court Decision 603Da131 delivered on May 9, 1963, etc.). The plaintiff expressed in the complaint of this case that the plaintiff notified the return of the balance of the loan of this case (i.e., KRW 40 million - KRW 7 million). Since the copy of the complaint of this case containing the plaintiff's expression of intent was served on April 23, 2020 on the defendant, the defendant shall be held liable for delay from July 9, 2020, which is the closing date of pleadings of this case, which can be recognized that a considerable period of time has elapsed from that time.
C. Therefore, the defendant is obligated to pay to the plaintiff 3 million won and damages for delay calculated at the rate of 5% per annum under the Civil Act from July 9, 2020 to September 24, 2020, which is the date of this decision, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
Meanwhile, the Plaintiff agreed to lend the instant loan to the Defendant and pay the interest rate of 24% per annum (2% per annum). The Defendant is obligated to pay the interest rate of 24% per annum from March 1, 2020 to the date of full payment, as the interest was paid until February 28, 2020.