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1. The Defendant: (a) KRW 210,00,000 for the Plaintiff and 5% per annum from June 23, 2017 to July 13, 2017; and (b) July 2017 for the Plaintiff.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment by public notice on the basis of recognition (Article 208 (3) 3 of the Civil Procedure Act);
3. Part concerning partial dismissal
A. The gist of the claim is that the Defendant is obliged to pay the Plaintiff 210,000,000 won with 5% interest per annum from April 21, 1998 on the following day of the loan to the delivery day of the original copy of the instant payment order, and 15% interest per annum from the next day to the date of complete payment.
B. In light of the reasoning of the judgment, there is no evidence to support that there was an agreement or interest agreement between the Plaintiff and the Defendant on the time of repayment of loans. Thus, the Defendant does not have an obligation to pay interest to the Plaintiff. Meanwhile, under the main sentence of Article 603(2) of the Civil Act, when there is no agreement on the time of return, the lender shall set a reasonable period and demand the return, and the borrower shall be liable for delay from the day following the expiration of the maximum time period (see, e.g., Supreme Court Decision 68Da2313, Jan. 28, 1969). There is no evidence to support that the Plaintiff notified the Defendant of the repayment of loans separately before the institution of the instant case, and the original payment order of this case, stating the Plaintiff’s highest declaration of intent to return loans, was delivered to the Defendant on February 1, 2017, and therefore, it is reasonable to view that the period
Ultimately, the defendant is liable for delay from June 23, 2017, which is the day following the date of closing the argument in this case.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from June 23, 2017 to July 13, 2017, which is the date the instant judgment is rendered, to the day when the Defendant becomes final and conclusive, with respect to KRW 210,000,000,00, to the day when the Defendant has fully repaid the Plaintiff.