beta
Text
1. As to the Plaintiff A’s KRW 280,00,000, and KRW 303,00,000 to the Plaintiff B, and each of the said money from March 16, 2017.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment by public notice for recognition: Article 208 (3) 3 of the Civil Procedure Act.
3. Some rejections are the Defendant, and the Plaintiff A claims payment of interest and delay damages from December 26, 2015 when one month has elapsed since the date of the last lending of the loan amounting to KRW 280,000,000 in total and the last lending of the loan, and the Plaintiff B claims payment of interest and delay damages from January 9, 2016 when one month has elapsed since the date of the last lending of the loan amounting to KRW 303,00,000 in total and the last money lending.
On the other hand, there is no evidence to prove that the plaintiffs set the interest and the repayment period while lending each of the above amounts to the defendant. Thus, each of the loans of this case is a loan for consumption with no agreement on the time of repayment and its repayment, and the period of time should expire after demanding the return of each of the loans of this case within a reasonable period under Article 603(2) of the Civil Code.
However, there is no evidence to prove that the Plaintiffs notified the Defendant of the return of the loan prior to the filing of the instant lawsuit. Thus, it is reasonable to deem that the maturity period for each of the instant loan claims has arrived on March 15, 2017 after the considerable period from February 16, 2017, which was the date when the copy of the complaint of this case stating the Plaintiffs’ declaration of intent to request the performance was served to the Defendant by public notice. Thus, it is reasonable to deem that the Defendant’s objection to the existence or scope of the obligation is reasonable from March 16, 2017 until May 17, 2017, which is the date when the judgment of this case was rendered, and the damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act, from the next day to the date of full payment.
Therefore, there is no reason for the plaintiffs' claim for interest and delay damages beyond the above recognition scope.