1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff loaned KRW 5.3 million to the Defendant on June 22, 2010, and KRW 6 million on July 2, 2010, respectively, and thus, the Defendant is obligated to pay to the Plaintiff the amount of damages for delay calculated at the rate of 15% per annum from the day after the original copy of the instant payment order was served to the day of full payment.

B. 1) According to the evidence No. 2, the plaintiff lent 6 million won to the defendant on July 2, 2010. Thus, the defendant is obligated to pay 6 million won and damages for delay to the plaintiff. Meanwhile, according to the above evidence, it is acknowledged that the plaintiff did not set the due date for payment of the above loan. The main text of Article 603(1) of the Civil Act provides that "if there is no agreement on the due date for return, the lender shall set a reasonable period and notify the return thereof." Thus, the defendant shall be held liable for delay after a considerable period of time has elapsed from the time when the repayment of the above loan was notified by the plaintiff. Since there is no provision regarding the highest method in a loan for consumption without any agreement on the due date for return, the defendant can be held liable for delay by delivery of the complaint (see Supreme Court Decisions 68Da2313, Jan. 28, 1969; 68Da2313, the defendant shall be held liable for delay from the date when the original copy of the claim for payment of the above loan was delivered by the plaintiff.

Therefore, the defendant's damages for delay calculated at the rate of 5% per annum under the Civil Act until May 26, 2017, which is the date of the ruling of the court of first instance, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment, as to the plaintiff's 6 million won and the defendant's 6 million won to August 19, 2016.