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1. The Defendant: (a) KRW 220,744,439 for the Plaintiff and KRW 12% per annum from August 18, 2017 to March 19, 2018; and (b) the Plaintiff.
Reasons
1. Factual basis
A. The Plaintiff respectively lent KRW 50,000,000 to the Defendant on November 29, 2010, and KRW 200,000,000 on January 6, 2012.
(F) On January 9, 2012, the Defendant agreed to pay the Plaintiff the sum of the loan amounts of KRW 250,000,000 and interest per annum (12% per annum).
However, the payment period has not been determined.
B. After the Defendant repaid interest corresponding to the amount of June 8, 2013 to the Plaintiff, the Defendant repaid the amount of KRW 5,00,000 on September 16, 2013, and KRW 10,000,000 on December 17, 2015, and KRW 10,000 on October 26, 2016, and KRW 20,000 on January 11, 2017, and KRW 10,000,000 on January 16, 2017, and KRW 10,000 on August 17, 2017, respectively.
[Ground of recognition] A without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3-1 to 4, the purport of the whole pleadings
2. The assertion and judgment
A. (1) According to the facts of recognition of Paragraph (1) of Article 1 at the arrival of the time of return, the instant lease constitutes a loan for consumption with no agreement on the time of return. In the absence of an agreement on the time of return, the lender shall demand the return thereof by setting a reasonable period (main sentence of Article 603(2) of the Civil Act). The Plaintiff filed a lawsuit seeking the return of the instant loan on March 5, 2018, and the complaint was served on the Defendant on March 19, 2018. From which to July 11, 2018, the date of closing the argument in this case, three months passed. The delivery of the complaint in this case had a peremptory notice of the return under Article 603(2) of the Civil Act. At the lapse of three months from that time, three months passed from that time, and the reasonable period prescribed in the said provision was sufficiently met. Accordingly, as seen in the fact that the Defendant’s repayment was recognized through the foregoing peremptory notice to the Plaintiff.
However, since the parties did not designate the obligation to be appropriated for repayment, the interest of each of the repayment amounts by the date of the first repayment according to Article 477 of the Civil Act.