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1. The Defendant’s KRW 180,000,000 as well as the annual rate of KRW 5% from December 31, 2016 to July 20, 2017 to the Plaintiff.
Reasons
1. In full view of the entries in Gap evidence Nos. 1 to 11 (including serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings in the witness Eul's testimony on February 4, 2008, the plaintiff may recognize the fact that on March 5, 2008, the plaintiff delivered three copies of cashier's checks to the defendant on March 4, 2008, and lent KRW 180,000,000 to the defendant without interest (hereinafter the "loan of this case").
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff KRW 180,000,000 for the instant loan and damages for delay.
Furthermore, as to the starting point of interest on delay damages, the Plaintiff sought payment of damages for delay calculated at the rate of 5% per annum from August 4, 2009 to the delivery date of a copy of the complaint of this case from August 4, 2009 to the day of full payment, and 15% per annum from the next day to the day of full payment.
In case of a loan for consumption, if the time for return has not been fixed, the lender shall demand the borrower to return the loan with a reasonable period fixed (Article 603(2) of the Civil Act). The borrower shall assume the responsibility for delay from the time when a reasonable period of time has elapsed since the lender notified the return.
However, it is not sufficient to recognize that some of the evidence No. 10 was written only by itself, and there is no other evidence to acknowledge that the Plaintiff and the Defendant have determined the maturity of the instant loan.
Meanwhile, comprehensively taking account of the purport of the entire argument in the statement No. 3, it is recognized that the Plaintiff sent text messages demanding the Defendant to repay on October 11, 2016. Thus, it is reasonable to deem that the maturity period of the instant loan claims has arrived on December 30, 2016, which is the delivery date of a copy of the complaint of this case, when it is reasonable in light of the overall circumstances, such as the purpose, amount, and the relationship between the Plaintiff and the Defendant.
Therefore, among the plaintiff's assertion, the period before the maturity comes.