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1. The Defendant’s KRW 115,385,00 among the Plaintiff and KRW 60,000 among them, shall be KRW 55,385,000 from September 22, 2016, and KRW 55,385,00.
Reasons
The facts are as shown in the separate sheet No. 1. The Plaintiff and the Defendant lent a total of KRW 22,9310,000 (hereinafter “instant loan”) to the Defendant from March 21, 2008 to September 29, 2014. The Defendant, as shown in the separate sheet No. 2, has repaid the Plaintiff a total of KRW 113,925,00 out of the instant loan from May 21, 2008 to February 25, 2015. The Plaintiff and the Defendant, on September 19, 2016, did not dispute between the parties to the instant loan and KRW 60,00 per annum (payment on September 22, 2014), and the fact that the Plaintiff and the Defendant, on September 23, 2018, written the loan certificate No. 113,925,000 from September 23, 2018 to September 23, 2018 (hereinafter “the instant loan certificate”).
According to the above facts of determination as to the cause of claim, the defendant is liable for delay of payment from September 22, 2016, which is the interest payment date stipulated in the loan certificate of this case, with respect to the remaining loans of KRW 115,385,00 (22,9310,000 won-113,925,000) and KRW 60 million, which are the interest payment date stipulated in the loan certificate of this case, and from December 23, 2018, which is one month after the date on which a copy of the complaint of this case was served on December 23, 2018, which is one month after the date on which a copy of the complaint of this case was served on January 24, 2019.
There is no evidence to prove the fact that the Plaintiff given a peremptory notice to the Defendant regarding the above KRW 55,385,000 prior to the filing of the instant lawsuit, and in this case, the date following the lapse of one month recognized as a reasonable period from December 23, 2018, which is the date of delivery of a duplicate of the complaint, shall be deemed the date of commencement of performance delay.
From February 11, 2020 to February 11, 2020, the date of the judgment of this case where it is reasonable for the defendant to resist the existence and scope of the obligation.