1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Basic Facts

On November 11, 2004, the Plaintiff and the Defendant drafted a notarial deed under a monetary loan agreement (No. 8700, 2004, No. 8700, hereinafter referred to as the “notarial deed of this case”) to the effect that “the Plaintiff, on November 11, 2004, fixed and lent KRW 63.5 million to the Defendant on November 11, 2004, at the maturity of payment, and 2.5 copies of interest month (payment on November 11, 2005).”

However, the defendant did not pay the above amount.

On the other hand, the plaintiff and the defendant did not separately set the damages for delay after the due date when preparing the notarial deed of this case.

[Ground of recognition] The plaintiff's assertion on the plaintiff's ground of claim No. 1 was without dispute, and the plaintiff's assertion on May 29, 2003 lent KRW 200 million to the defendant, and the notarial deed of this case was prepared about KRW 63.5 million which was not paid out of the above loan. The plaintiff asserted that the plaintiff's claim for delay payment was made after November 11, 2005, which is the due date stated in the notarial deed of this case.

Judgment

According to the above facts, it is reasonable to view that the Defendant is liable to pay the Plaintiff damages for delay after the due date, and that the Defendant shall pay the original agreed interest even after the due date, unless there is a special declaration of intention in the loan for consumption, if there is no interest agreement after the due date.

(See Supreme Court Decision 80Da2649 Decided September 8, 1981. Accordingly, as the Plaintiff seeks from November 12, 2005, the day following the due date for repayment of the said KRW 63.5 million to February 24, 2014, the Defendant is obligated to pay to the Plaintiff the amount calculated by the annual rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 4, 2014 to the day following the due date for payment of the said KRW 63.5 million to February 24, 2014.

The defendant's assertion that there is no repayment of judgment.