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1. The Defendant’s KRW 30,000,000 as well as 5% per annum from December 5, 2015 to March 8, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is an insurance solicitor, and the defendant has been aware of it for a long time as the plaintiff's customer.
B. On October 15, 2012, the Plaintiff transferred KRW 30 million to Nonparty C’s account, a partner of the Defendant, without setting the period for repayment to the Defendant, and leased KRW 10 million in total, including KRW 20 million on the 16th of the same month and KRW 30 million on the 16th of the same month. The Defendant deposited KRW 150,000 in several bank accounts of the Plaintiff.
[Ground of recognition] Facts without dispute, Gap 1-4, the purport of the whole pleadings
2. The assertion and judgment
A. On October 16, 2012, the gist of the Plaintiff’s assertion: (a) the Plaintiff borrowed KRW 30 million to the Defendant on October 16, 2012 without expressly stipulating the due date for repayment with the Defendant written and repaid only several months; and (b) the Defendant deposited KRW 150,000 in the Plaintiff’s bank account several interest instances; and (c) the Plaintiff demanded the return of the loan by the delivery of the duplicate of the instant complaint.
B. The gist of the Defendant’s assertion is that the Defendant received KRW 30 million from the Plaintiff. Since then, the Defendant paid KRW 51,481,00 through the Plaintiff’s agricultural bank account, husband’s account, her husband’s account, son’s account, son’s account, and Defendant’s agricultural bank account, and paid KRW 51,481,00 through the Defendant’s agricultural bank account, and paid the other hospital expenses in the form of a card.
C. Determination 1) According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay to the plaintiff the loan amounting to KRW 30 million and delay damages. However, as seen earlier, it is recognized that the plaintiff lent the above money to the defendant without setting the due date for payment. In the case of a loan for consumption where no agreement is reached on the due date for payment, the lender shall demand the return thereof within a reasonable period of time (Article 603(2) of the Civil Act). The borrower shall be liable for delay from the time when a reasonable period of time has elapsed since the lender notified the return to the lender.