beta
Text
The defendant's KRW 35,00,000 for the plaintiff and 5% per annum from June 6, 2020 to October 21, 2020 for the plaintiff.
Reasons
1. Facts of recognition;
A. On December 19, 2018, the Plaintiff lent to the Defendant a total of KRW 44.5 million (hereinafter “instant loan”) KRW 10 million, KRW 29.5 million on January 16, 2019, and KRW 5 million on February 14, 2019.
B. From June 9, 2019 to February 25, 2020, the Defendant repaid KRW 9 million out of the instant loans to the Plaintiff.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number) and the purport of whole pleading
2. Determination
A. According to the above facts of determination as to the cause of claim, the debt of this case is a debt with a time limit for which the time limit has not been determined separately, and the time period for repayment arrives on the date of receiving the request for performance. It is reasonable to view that the copy of the complaint of this case seeking the return of the loan reaches the defendant on June 5, 2020 and around that time, the maturity period for the above loan claims has arrived. Thus, the defendant is obligated to pay to the plaintiff the remainder of the loan of this case 35 million won (=4.5 million won - 9 million won) within the limit of 35 million won among the loan of this case, which is within the scope of the plaintiff's 35 million won from June 6, 2020 on the day following the delivery date of the copy of the complaint of this case, which is reasonable to dispute about the existence or scope of the defendant's obligation to repay from June 21, 2020 to October 21, 2020.
(1) The Plaintiff’s damages for delay is the starting date of the delivery of a copy of the complaint of this case. However, as seen earlier, the obligation for the loan of this case is an obligation with no fixed time limit, and the Defendant is omitted from the next day of the delivery of the copy of the complaint of this case containing the expression of intent for performance peremptory notice to delay. Thus, the Plaintiff’s claim for damages for delay of the delivery period of the copy of the complaint of this case
The defendant's assertion is judged.