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1. The Defendant’s KRW 5,00,000 and the Plaintiff’s annual rate of 5% from September 7, 2017 to July 6, 2018.
Reasons
1. The Plaintiff, having no dispute, remitted the Defendant’s account KRW 50,000,000 to the Defendant’s account on September 5, 2016, and KRW 5,000,000 on October 5, 2016.
2. The assertion and judgment
A. On September 5, 2016, the Plaintiff asserted that: (a) the Plaintiff leased KRW 50,00,000 to the Defendant on a one-month basis with interest rate of KRW 2%; and (b) on October 5, 2016, the Plaintiff leased KRW 5,00,000 to the Defendant on a two-lane basis; and (c) on November 4, 2016, the period for repayment of the said KRW 1,535,340 to the Defendant on a two-lane basis; (d) the Defendant claimed that the Plaintiff shall pay the Plaintiff damages for delay calculated at the rate of KRW 13,535,340 to the total interest rate of KRW 5,00 per annum 24% per annum with interest rate of KRW 13,535,00 with interest rate of KRW 5,00 per annum 5,000,000 with interest rate of KRW 55,00,000 per annum.
In regard to this, the defendant asserts that the plaintiff remitted money to the defendant's account for lending money to C, and the defendant immediately remitted the money to the defendant's account of C's wife D, and the defendant did not borrow the money, but did not have any agreement on the interest or the repayment period.
B. Determination 1) The fact that the Plaintiff lent the Plaintiff to the Defendant or transferred KRW 5,00,000 to the Defendant is as seen earlier. According to the evidence Nos. 3 and 4, the Defendant appears to have loaned KRW 55,00,000 to the Defendant even though the Plaintiff requested the Defendant to repay the above debt over several occasions by means of content-certified mail or text message, etc., in full view of the facts that the Defendant did not raise any objection thereto, it appears that the Plaintiff agreed to the Defendant as to whether there was an agreement on interest and maturity. However, although the evidence Nos. 3 and 4 alone did not support the fact that there was an agreement on interest and maturity, it is insufficient to acknowledge that the Plaintiff agreed on the interest and maturity, and there is no other evidence to acknowledge it.
The creditor shall implement the obligation for which the maturity has not been determined whether it has arrived.