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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from May 12, 2016 to the date of complete payment.
Reasons
1. On April 1, 2009, the Defendant agreed to borrow KRW 40,000,000 from the Plaintiff and immediately return the said loan when the Plaintiff demands the return.
2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.
3. The Plaintiff is also seeking damages for delay calculated at the rate of 5% per annum from the day following the delivery of the copy of the instant claim and the application form for modification of the cause of claim regarding the above loan until the day of the decision.
The fact that “if the Plaintiff demanded the return, the Plaintiff shall immediately return the loan” is as seen earlier, and in light of this, the repayment period of the loan was not specified.
However, in the case of a loan for consumption for which the maturity has not been determined, the lender shall demand the return with a reasonable period fixed by the lender (Article 603(2) of the Civil Code), and if the considerable period has elapsed, the borrower shall be liable for delay, and the demand for the return of the loan may also be served by the delivery of the copy of the complaint, and the maturity shall
However, there is no proof as to whether the Plaintiff notified the Defendant of the return of the above loan prior to the delivery of the original copy of the instant payment order, the purport of the claim, and the copy of the application for change of the cause of the claim, and rather, it is apparent in the record that both the original copy of the instant payment order and the copy of the application for change of the purport and the cause of the claim seeking the return of the above loan were served on the Defendant on April 13, 2016. Therefore, it is reasonable to view that the period of repayment of the above loan has arrived on May 11, 2016
Therefore, we cannot accept the part of the Plaintiff’s claim for damages for delay exceeding the scope recognized in the disposition.