beta
Text
1. The Defendant shall pay to the Plaintiff KRW 340,00,000 and the interest rate of KRW 15% per annum from August 31, 2017 to the date of full payment.
Reasons
1. In full view of the reasoning of Gap's evidence Nos. 1 and 4 as to the cause of the claim, and the result of the court's order to submit financial transaction information to us bank, the plaintiff's newspaper, the whole purport of the argument, as a whole, can be acknowledged that the plaintiff loaned the loan to the defendant without fixing the period of each payment, and the fact that the plaintiff claims the return of the loan of this case to the defendant with the delivery of the payment order of this case is clear on the records.
According to the above facts of recognition, the defendant is obligated to refund the borrowed amount of KRW 340 million to the plaintiff and the delay damages therefor.
However, since a monetary loan for consumption with no fixed maturity period is liable for delay from the time when a considerable period of time has lapsed, it is necessary to calculate damages for delay from August 31, 2017, which is the day following the expiration of one month from July 30, 2017, the delivery date of the original copy of the instant payment order.
Ultimately, the Defendant is obligated to pay to the Plaintiff KRW 34,00,000 and damages for delay calculated by applying the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 31, 2017 to the date of full payment.
2. The defendant's defense is defense that the plaintiff's claim of this case was extinguished due to the completion of the statute of limitations.
However, when considering the purport of the entire pleadings as stated in Gap evidence 5-1 and 2, the defendant extended the loan in this case to the plaintiff on June 21, 2006, KRW 1 million on July 21, 2006, KRW 100 million on August 21, 2006, KRW 100,000 on August 21, 2006, KRW 130,000 on October 20, 206, KRW 130,000 on October 21, 206, KRW 130,000 on December 21, 2006, KRW 130,000 on December 131, 206, KRW 400,000 on November 13, 207, and KRW 14, 208 on November 14, 2008.