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1. The Defendant (Counterclaim Plaintiff) paid KRW 37,876,00 to the Plaintiff (Counterclaim Defendant) for KRW 37,876,00 and for this, from April 15, 2017 to October 25, 2017.
Reasons
1. Determination on the main claim
A. The fact that the part of the Plaintiff’s claim for a loan lends total of KRW 37,876,00 to the Defendant four times from July 27, 2015 to August 31, 2015, to the interest rate of KRW 2.8% per annum without setting the due date for payment, does not conflict between the parties.
According to the above facts, the defendant is obligated to pay to the plaintiff 37,876,00 won, the principal of the loan, and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act, from April 15, 2017 to October 25, 2017, where it is deemed reasonable to dispute over the existence or scope of the defendant's obligation, in light of the date of loan from March 14, 2017, when a copy of the complaint of this case, which notified the defendant to perform the above loan, was served on the defendant.
Furthermore, with respect to KRW 37,876,00, the Plaintiff claimed damages for delay from March 15, 2017 to April 14, 2017, which is obvious on the date following the delivery date of a duplicate of the instant complaint.
(A) According to the reasons for the claim, the agreement that the Plaintiff calculated at the rate of 2.8% per annum for the above period is not deemed to have claimed for the interest. However, the loan of this case was not determined by the due date, as seen earlier.
Where the repayment period has not been fixed in a monetary loan contract, the lender shall notify the lender of the return by fixing a reasonable period pursuant to Article 603(2) of the Civil Act, and the borrower shall also be liable for delay at the same time as the principal has been repaid until a considerable period has elapsed since the receipt of the peremptory notice.
In the instant case, unless the Plaintiff asserts that he notified the Defendant of the performance of obligation before filing the instant lawsuit, the Defendant shall make a duplicate of the instant complaint as seen earlier.