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1. The Defendant’s KRW 54,958,00 for the Plaintiff and its 5% per annum from May 13, 2019 to May 8, 2020.
Reasons
1. The fact that the Plaintiff loaned money from a bond company C on the security of real estate owned by the Plaintiff and lent KRW 54,958,000, out of the above money to the Defendant in August 2018, is no dispute between the parties.
The plaintiff did not present any specific argument as to the repayment period of the above loan for consumption, and there is no evidence as to it, it is a loan for consumption without setting the repayment period.
If the repayment period of a loan for consumption has not been fixed, the lessee shall give a peremptory notice of the return with a reasonable period fixed (Article 603(2) of the Civil Act), and the peremptory notice of return may be served with a copy of the complaint, and the due date shall expire after the reasonable period has elapsed.
Therefore, there is no evidence to acknowledge the fact that the Plaintiff notified the Defendant of the return of the above loan prior to the filing of the instant lawsuit (see, e.g., Supreme Court Decision 63Da131, May 9, 1963). Thus, it is reasonable to view that the Defendant is liable for delay for the above loan from May 13, 2019, the day following the date on which one month recognized as a considerable period from April 12, 2019, which is an obvious date for delivery of a copy of the instant complaint, is the date of delivery of the instant complaint
Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 54,958,00 with the repayment of the loan and the amount of delay damages calculated at the rate of 5% per annum as stipulated by the Civil Act from May 13, 2019 to May 8, 2020, which is the date of this decision, and 12% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
2. As such, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.