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1. The defendant shall be the plaintiff.
A. From February 13, 2015 to November 30, 2016, KRW 11,503,082 and KRW 10,000 among them.
Reasons
1. Facts of recognition;
A. On February 13, 2015, the Plaintiff agreed to lend KRW 35 million to the Defendant as follows.
◎ 변제기 : 2017. 12. 30.(변제기한 내 완불 및 중간 상환이 가능함) ◎ 이자 : 연 3.5%, 매월 말일자에 당월분 102,000원을 지급 ◎ 원금은 2016. 1.부터 원금 100만 원과 연 3.5% 이자를 환산하여 매월 지급한다.
◎ 피고가 원고에게 상기 변제 의무를 다하지 못할 경우 어떠한 민, 형사상 법적인 처벌에 감수한다.
B. The Plaintiff lent KRW 3 million to the Defendant on May 11, 2015, and KRW 2,99,500 on June 3, 2015 without due date.
[Grounds for recognition] Gap's 1 to 3, 7, and 8's statements, the purport of the whole pleadings
2. Determination
A. As to loans of KRW 35 million, the Plaintiff demanded immediate performance of the entire amount of KRW 35 million on the premise of the loss of benefit within the given period. However, the facts acknowledged earlier alone are difficult to deem that there was an agreement by the Defendant to lose the benefit of time in the event that the Defendant fails to perform the obligation to repay the principal amount of KRW 1 million from January 2016, and there is no other evidence to acknowledge the agreement otherwise, the Plaintiff’s claim cannot be accepted.
However, it appears that the above claim by the Plaintiff also includes the purport of seeking the performance of the obligation upon the arrival of the future due date. Although the Defendant agreed to pay the principal amount of one million won per month from January 2016 to November 2, 2016, as long as the payment was not made once once from November 2, 2016, the date of closing the argument in this case, it appears that the voluntary performance cannot be expected even if December 30, 2017, which is the date of closing the argument in this case. Thus, the Plaintiff needs to claim in advance for the payment of the amount for which the present due date has not arrived.
Therefore, on November 2, 2016, which is the date of the closing of argument in the instant case, the Defendant: (a) KRW 10 million (10 months from January 2, 2016 to October 2016) and February 13, 2015, for the Plaintiff.