1. The Defendant-Counterclaim Plaintiff amounting to KRW 16 million to the Plaintiff-Counterclaim Defendant

(a) As regards KRW 10 million among them, August 23, 2016.

1. The fact that the Plaintiff loaned to the Defendant a total of KRW 16 million on March 20, 2014, KRW 9 million on April 2, 2014, and KRW 16 million on June 17, 2014 is no dispute 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 million from the date when the copy of the complaint in this case was served on the defendant, and that the payment period of each of the above loans must have arrived on July 22, 2016, when one month has elapsed since July 22, 2016, which is a reasonable period of time necessary for the defendant to prepare for payment, and that the remaining KRW 6 million is the date when the application for correction of the purport and cause of the claim in this case was served on the defendant as of October 12, 2016, and on November 21, 2016, when one month has elapsed since October 21, 2016.

Therefore, the defendant's loan 16 million won and 10 million won out of the above loan 16 million won to the plaintiff (amount claimed by the plaintiff) shall be 5% per annum as requested by the plaintiff from August 23, 2016 to October 12, 2016, which is the day following the above payment period, until October 21, 2016, and 16 million won, including the remainder of 6 million won, as requested by the plaintiff, as to the plaintiff's claim and change of the cause of the claim from August 23, 2016 to October 21, 2016, which is the day following the above payment period, and 6% per annum as stipulated in the Commercial Act from November 22, 2016 to November 30, 2017, which is deemed reasonable for the defendant to dispute about the existence or scope of the obligation.