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1. The Defendant’s KRW 70,000,000 as well as annual 5% from December 31, 2012 to July 8, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff loaned KRW 70,000,000 (direct delivery) total of KRW 10,00,000 (direct delivery) on September 5, 2003, to the Defendant, that the Plaintiff would make a member of the Plaintiff D (E) as his principal in the film of “C”, without any agreement on due date and interest on December 24, 2002, (1) 50,000 (transfer to Defendant National Bank Account F), (2) 10,000,000 (transfer to the above account) on September 5, 2003, (3) 70,000,000 (direct delivery) on November 28, 2003.
B. On December 20, 2012, the Plaintiff sent a peremptory notice to the Defendant that “a total of KRW 70,000,000 to December 30, 2012” was served on the Defendant on December 21, 2012.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 5, the purport of whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the defendant is obligated to claim against the plaintiff about the total amount of KRW 70,00,000,000 and damages for delay at the rate of 20% per annum under the Civil Act from December 31, 2012 to July 8, 2014, which is the date when the plaintiff notified the payment of the loan to the plaintiff, to dispute about the existence and scope of the obligation.
B. Meanwhile, the Plaintiff claims damages for delay on each loan from the date following the lease date, but where there is no time limit for performance of obligation under Article 387 of the Civil Act, the obligor is liable for delay from the time of receiving a claim for performance, i.e., liability for damages, and where there is no agreed interest rate under Article 397(1) of the Civil Act, the amount of damages due to the nonperformance of a monetary obligation is calculated at the statutory interest rate. Therefore, the Plaintiff’
In this regard, the plaintiff's agent is 5% per annum from the date following the lending date in the case of a loan claim with no agreement of due date and interest.