대여금
1. The Defendant’s KRW 11,00,000 as well as 5% per annum from February 20, 2009 to August 13, 2015 to the Plaintiff.
1. According to Gap evidence Nos. 1 and 2 as well as witness C and D’s testimony as to the cause of the claim, the plaintiff remitted the amount of KRW 6,000,000 to the defendant on December 15, 2003 (hereinafter “loan”) and the defendant remitted the amount of KRW 10,000,000 to D who is the defendant’s creditor on March 26, 2004 and lent the amount of KRW 10,000 to the defendant (hereinafter “loan”). The defendant lent the amount of KRW 5,00,000 to the defendant on February 20, 209 to the plaintiff as the plaintiff. Thus, the defendant is obligated to pay the remaining amount of KRW 11,00,000 to the plaintiff and delay damages.
Furthermore, the Plaintiff, on January 15, 2004, lent the loan (1) due date as of April 26, 2004; 2) as of April 26, 2004, respectively, by claiming that the Plaintiff agreed to pay interest at a rate of 100% per annum from the date of each of the above loans; however, there is no evidence to prove that each of the above loans was due and interest agreement, and therefore, each of the above loans is a loan with no fixed maturity and interest rate; therefore, a claim for the portion of claiming damages for delayed payment calculated at the rate of 30% per annum from January 15, 2004 or April 26, 2004 is without merit, but it is presumed that the Plaintiff reached the due date for performance of each of the above loans by the Defendant on February 20, 209, and thus, each of the above loans shall be applied from February 20, 2009.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 11,00,000 as well as damages for delay calculated by each ratio from February 20, 2009 to August 13, 2015, which is the date of the imposition of this sentence, KRW 5% per annum, KRW 20% per annum from the following day to the date of full payment, and KRW 20% per annum.
2. The defendant's defenses (1) The defendant defenses that the loan was extinguished by the statute of limitations, but on December 12, 2003, the loan date.