대여금 청구의 소
1. The Defendant’s KRW 64,027,831 as well as the Plaintiff’s annual rate from October 30, 2019 to November 10, 2020, and the following.
1. Since there is no dispute between the parties that the Plaintiff lent KRW 70 million to the Defendant around June 7, 2013 in determining the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 70 million and the damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 30, 2019 to the date of full payment, following the delivery of a copy of the instant complaint to the Defendant.
2. Judgment on the defendant's assertion
A. The Defendant asserts that payment was made in 24 times from April 29, 2015 to July 2019.
According to the statements in the evidence No. 7-1 through No. 5, the defendant paid the plaintiff a sum of KRW 12 million over 23 times from April 29, 2015 to July 12, 2019.
However, as to this, the Plaintiff asserted that the Defendant divided the leased income by leaving the building on the land owned C with the instant loan loan, and that the Defendant received the leased income, and the Defendant also transferred the leased income during the lease period in the written reply dated June 9, 2020. In light of this, it is difficult to view the money paid by the Defendant as above as repayment of the principal of the instant loan, and therefore, the Defendant’s assertion is without merit.
B. The defendant asserts that a set-off claim (1) is set-off against the plaintiff's claim and the equivalent amount, since the plaintiff is obligated to pay the following money to the defendant:
① Around August 2, 2012, the Defendant took out a loan of KRW 150 million from a D bank as collateral for real estate and her mother’s real estate owned by himself/herself and C. This is the fact that C took out a loan. Since C dies on February 1, 2018 without paying the loan and he/she fully repaid the principal and interest around August 2019, the Plaintiff’s inheritance shares out of KRW 1557 million to the Defendant.