대여금
1. The Defendants: (a) with respect to KRW 110,00,000 and the above KRW 50,000,000 among the above amounts to each Plaintiff, respectively, from December 11, 2018 to December 2019.
1. In full view of the overall purport of the pleadings as to the facts of recognition as to Gap evidence Nos. 6 (The defendants alleged to the effect that they prepared the above loan certificate by the plaintiff's coercion, but there is no evidence to acknowledge it), and Gap evidence Nos. 1 through 5, and 7, Defendant B was engaged in continuous financial transactions, such as borrowing fraternitys, hospital expenses, etc. from November 201 to January 2015, and paying interest on several occasions, and on September 10, 2018, Defendant B agreed to pay the plaintiff 110 million won until December 10, 2018, and on December 10, 2018, Defendant C agreed to set the maturity period for payment on December 10, 2018, Defendant C’s debt owed to the plaintiff as joint and several suretys.
2. Determination as to the cause of action
A. Of the above borrowed amounts of KRW 110,000,000, 60,000 is a debt for which the maturity has not been fixed.
In a monetary loan for consumption, the lender shall demand the return of the loan with a reasonable period fixed (Article 603(2) of the Civil Act). According to the purport of the whole pleadings, the plaintiff did not repay KRW 50,000,000 agreed by the defendant B on December 10, 2018, and around that time, the plaintiff notified the defendants to pay KRW 110,00,000,000. Thus, when the copy of the complaint of this case was delivered to the defendants, the lender shall be deemed to have become due for the above KRW 60,00,000.
B. According to the above facts, barring any special circumstance, with respect to KRW 110,00,00 and KRW 50,000 among the above money, the Defendants are jointly and severally liable to the Plaintiff for payment, with respect to KRW 5% per annum as prescribed by the Civil Act from December 11, 2018 to February 8, 2019, which is the service date of a duplicate of the complaint of this case, from February 8, 2019, and KRW 110,000,000, from February 9, 2019 to May 31, 2019, Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 3(1) of the former Act on Special Cases Concerning the Legal Interest Rate of Article 3(1) of the former Act on May 21, 2019.