대여금
1. The Defendant’s KRW 307,653,852 as well as the Plaintiff’s annual rate from February 2, 2018 to June 28, 2019 and the following.
1. Determination on the cause of the claim
A. The Plaintiff’s loan of KRW 170 million to the Defendant on October 28, 2015, KRW 110 million on October 30, 2015, KRW 350 million on December 21, 2015, and KRW 350 million on December 21, 2015, respectively, does not conflict between the parties, and thus, the Defendant is obliged to pay the Plaintiff the interest for delay on the loan amounting to KRW 635 million ( KRW 170 million in total) and KRW 350 million on December 21, 2015.
B. However, the Plaintiff did not claim the amount of the above debt on the ground that (i) the Defendant repaid part of the above loan debt with the Defendant’s debt amounting to KRW 88 million on behalf of the Plaintiff, and (ii) the Defendant’s wife bears the Defendant’s debt amounting to KRW 12.2.68 million.
C. Therefore, the Defendant is obligated to pay interest in arrears to the Plaintiff amounting to KRW 420,4320,000 ( KRW 635,000,000 - KRW 88,000 - KRW 122,268,00) and interest in arrears, barring special circumstances.
2. Judgment on the defendant's defenses, etc.
A. The defendant's assertion that ① the defendant extended a total of KRW 157,200,00 to the plaintiff with a total of KRW 175,000 including interest, ② the defendant's wife also lent a total of KRW 443,00,000 to the plaintiff with a total of KRW 536,50,000 including interest, and ③ the defendant has a claim for reimbursement with a total of KRW 187,50,000 including interest, ③ the defendant paid the plaintiff's debt to E in lieu of KRW 187,50,000, and thus, the defendant has a claim for reimbursement with a total of KRW 187,50,000,000
B. First of all, we examine whether the Defendant’s total amount of KRW 175,00,000 against the Plaintiff is a claim against the Plaintiff.
According to the statement in the evidence Nos. 2-1 and 5, the Defendant entered into a monetary loan agreement with the Plaintiff on March 25, 2015, setting the maximum amount of KRW 17.8 million as the maturity date of payment on November 30, 2015, and the interest at 2.5% per annum, and the Plaintiff paid KRW 50 million to the Defendant on March 22, 2016 by May 30, 2016.