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1. The Defendant’s KRW 297,613,060 as well as 5% per annum from August 24, 2016 to April 20, 2017, and the following.
Reasons
1. Facts of recognition;
A. On August 16, 200, the defendant borrowed KRW 127,560,300 from the plaintiff and agreed to pay interest within three years from September 17, 2001 using the general interest rate in commercial banks.
B. On August 16, 2004, the Defendant borrowed KRW 10 million from the Plaintiff.
C. On December 31, 2012, the Plaintiff and the Defendant calculated the principal and interest of each of the above loans, and set the Defendant’s obligation to the Plaintiff as KRW 297,613,060, and the Defendant prepared and delivered a certificate of borrowing to the Plaintiff. The Defendant did not specify the repayment period of the above loans.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay 297,613,060 won and delay damages to the plaintiff.
Furthermore, the lender shall demand the borrower to return the loan with a reasonable period fixed in the event that there is no time to set the starting point for the interest on delay (Article 603(2) of the Civil Act), and the borrower shall be liable for delay from the expiration of a reasonable period after the lender has notified the repayment of the loan. As seen earlier, there is no evidence to prove that the plaintiff and the defendant did not set the due date for the loan repayment of KRW 297,613,060, and that the plaintiff notified the defendant of the return of the loan prior to the filing of the lawsuit in this case.
However, there is no provision regarding the highest method of loan for consumption without agreement as to the time of repayment (see, e.g., Supreme Court Decisions 68Da2313, Jan. 28, 1969; 68Da2313, Aug. 23, 2016). The repayment period for the loan of KRW 297,613,060 is a date on which the defendant received a duplicate of the complaint of this case and received a peremptory notice from the plaintiff, which is deemed reasonable in light of the purpose of the loan for consumption and the amount, etc., from June 23, 2016 to August 23, 2016.