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1. The Defendant’s KRW 125,335,955 and KRW 95,335,95 among the Plaintiff’s KRW 125,335 and the Plaintiff’s KRW 30,000 among them.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation that operates a construction business, and the Defendant (the pre-revision Heavy Industries) is a corporation that engages in a manufacturing business, such as mechanical equipment.
B. The Plaintiff loaned KRW 300,000,000 to the Defendant on September 30, 2008, and KRW 30,000,000 on June 1, 2009 respectively without specifying interest (hereinafter “instant loan”). The Defendant decided to immediately repay the instant loan upon the Plaintiff’s request.
After that, the plaintiff requested the defendant to return the loan of this case before the lawsuit of this case was filed, but the defendant does not comply with this.
[Reasons for Recognition] Facts without dispute, purport of whole pleading
2. Determination
A. According to the above facts, it is reasonable to view that the loan of this case has the due date for its business operation. Meanwhile, the defendant paid 204,664,045 won to the plaintiff on or after September 30, 2008 as part of the loan of 300,000,000 won on or after September 30, 2008 is the plaintiff. In addition, the fact that the plaintiff and the defendant did not separately agree on the interest of the loan of this case between the plaintiff and the defendant is as mentioned above. However, under Article 5 (1) of the Commercial Act, where the merchant loans money for its business, the court interest may be claimed. The plaintiff and the defendant are merchants under Article 5 of the Commercial Act and the defendant are viewed to have borrowed the loan of this case from the plaintiff under Article 5 of the Commercial Act. According to Article 600 of the Civil Act, the loan of this case with interest interest shall be calculated from the plaintiff's business operation, and the defendant shall not have any special obligation to pay the principal and the loan of this case to the plaintiff as 30000 won to 3540.5.