beta
Text
1. Of the instant lawsuit, the part concerning the claim for the expenses of demand procedure shall be dismissed.
2. The Defendant’s KRW 150,000,000 and this shall apply to the Plaintiff.
Reasons
1. Indication of claim: as shown in [Attachment] Claim(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s) are
3. Some dismissed parts of the Plaintiff sought payment of KRW 126,700 of the cost of demand procedure in the instant lawsuit. However, the cost of demand procedure is part of the cost of lawsuit, and the amount paid as the cost of lawsuit can be repaid through the procedure for confirmation of the amount of litigation cost under the provisions of the Civil Procedure Act after the judgment becomes final and conclusive, and there is no benefit to seek payment separately (see, e.g., Supreme Court Decision 2010Da9697, Mar. 24, 2011). Of the instant lawsuit, the part seeking payment of the cost of demand procedure in the instant lawsuit is
4. The Plaintiff, who partially dismissed, sought payment of delayed damages for KRW 150,000,000 from the day following the service of the original copy of the instant payment order.
However, there is no evidence to acknowledge the fact that the plaintiff and the defendant set the repayment period of the above loan.
In the case of a loan without a fixed period of time, the borrower shall be liable for delay from the time when a reasonable period of time has elapsed after the lender notified the return (see Article 603(2) of the Civil Act). Since it is apparent in the record that the application for the payment order of this case, for which the plaintiff notified the defendant to return the above loan, was served on the defendant on February 19, 2021, it is reasonable that it is reasonable to dispute over the existence or scope of the obligation of the defendant from March 17, 2021 (the closing date of pleadings) to March 24, 2021, which is the date of the decision of this case, until March 24, 2021, and from the next day to the day of full payment, the borrower shall be liable to pay delayed damages calculated at each rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
Therefore, the Plaintiff’s claim for late payment should not exceed the above recognition scope.