1. The Defendant’s KRW 160,000,000 as well as 6% per annum from January 15, 2019 to April 25, 2019 to the Plaintiff.

Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1 and 2 and the purport of the entire pleadings, the plaintiff lent KRW 160,000 to the defendant on May 27, 2016 (the defendant borrowed the above money for the repayment of the borrowed money from a third party) without fixing the time for the repayment of KRW 160,000 to the defendant.

In case of a loan for consumption for which no time of return has been agreed, the lender shall demand the return thereof with a reasonable period fixed.

(2) Article 603(2) of the Civil Act provides that there is no assertion or evidence that the Plaintiff made the same peremptory notice prior to the filing of the instant lawsuit, and thus, it is deemed that there was such peremptory notice at the time when the instant complaint containing the Plaintiff’s request for return was served on the Defendant (as of December 14, 2018), and that the period of repayment was due on January 14, 2019 when the period of one month, which appears to be a considerable period from that time, has elapsed.

Therefore, the Defendant is obligated to pay to the Plaintiff 160,000,000 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from January 15, 2019, which is the date following the due date to April 25, 2019, which is the date of the instant judgment, until April 25, 2019, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

Plaintiff

The claim is legitimate only within the scope of the above recognition, and it is accepted, and the remainder of the damages for delay is dismissed.