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1. The Defendant (Counterclaim Plaintiff) paid KRW 40,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 24, 2017 to May 30, 2018.
Reasons
1. The Plaintiff’s basic facts are leakage of the deceased C (hereinafter “the deceased”) who died on January 20, 2018, and the Defendant is in de facto marital relationship with the deceased for ten years prior to the death of the deceased, there is no dispute between the parties.
2. Determination as to the claim on the principal lawsuit
A. On March 23, 2016, the Plaintiff lent KRW 50,000 to the Defendant, and the Plaintiff received KRW 10,000,000 out of the above loans from the Defendant on January 10, 2017, and thereafter urged the Defendant to pay the remainder of KRW 40,000,000. The Defendant confirmed that he borrowed KRW 40,000 from the Plaintiff on March 24, 2017 as a collateral for the above loans, and prepared a loan certificate to pay KRW 100,000,000 to the Plaintiff and deliver it to the Plaintiff, either there is no dispute between the parties, or comprehensively taking into account the overall purport of each of the statements under subparagraphs 1 through 4, and 6 (including the serial number).
B. According to the above facts, the loan claim in this case is deemed to have not been due (the plaintiff asserted that the due date was set on March 23, 2017, but the evidence submitted by the plaintiff alone is insufficient to recognize that the due date was specified as the above date) and the repayment period has arrived after the plaintiff received repayment from the defendant and urged the defendant to perform it. Thus, the defendant is obligated to pay to the plaintiff the delayed payment damages at the rate of 15% per annum under the Civil Act from August 24, 2017 to May 30, 2018, the original copy of the payment order in this case, which the plaintiff sought after the due date, unless there are special circumstances.
C. As to this, the Defendant set the maturity of the instant loan after the purchase and sale of the house in which the Defendant is currently residing.