1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is charged with KRW 16,00,000.

1. Determination as to the main claim

A. As to the Plaintiff’s assertion of the cause of claim, the fact that the Plaintiff loaned KRW 16,00,000 to the Defendant on March 20, 2014, KRW 9,000,000 on April 2, 2014, and KRW 16,00,000 on June 17, 2014 does not conflict between the parties.

On the other hand, the plaintiff claimed damages for delay from the date of the last lease, but there is no evidence to acknowledge the interest agreement and the due date for payment on the above loan claims.

Therefore, since the above loan claims shall be deemed a loan for consumption with no fixed maturity period, it shall be deemed that the due date shall expire after a considerable period has elapsed from the time when the plaintiff notified the defendant of his return pursuant to Article 603(2) of the Civil Act (see, e.g., Supreme Court Decision 63Da131, May 9, 1963). There is no evidence to prove that the plaintiff notified the defendant of the return of the above loan prior to the filing of the lawsuit

If so, it is reasonable to view that KRW 10,00,000 among the above loans of the Plaintiff is the date on which the duplicate of the complaint of this case was served to the Defendant, and that the maturity of each of the above loans claim of this case was due on October 21, 2016, when one month has elapsed since July 22, 2016, which is a considerable period of time required by the Defendant for preparing payment. The remainder of KRW 6,00,000,000, is the date on which the written application for modification of the purport of the claim and the cause of the claim as of October 12, 2016 was served to the Defendant.

Therefore, with respect to the above loans 16,00,000 won and 10,000,000 won out of the loans, barring special circumstances against the Plaintiff, the Defendant, from August 23, 2016 following the due date to November 30, 2017, which is appropriate to dispute over the existence or scope of the obligation of this case, shall be 5% per annum under the Civil Act until November 30, 2017, and damages for delay calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, shall be 6,00,000 won, and from November 22, 2016, the next day to the due date shall be 6,000 won.