대여금
1. The Defendant’s KRW 115,049,180 for the Plaintiff and 5% per annum from April 22, 2016 to December 5, 2018.
1. The assertion and judgment
A. Determination as to the cause of the claim 1) In light of the following circumstances, the Plaintiff’s total sum of the loans remaining after the settlement of the previous monetary transactions between the Defendant and the amount of money lent in the future (hereinafter “the instant loan”) on February 23, 2015, in view of the following circumstances, which can be acknowledged by comprehensively taking account of the respective descriptions and the entire purport of the arguments as stated in subparagraphs 1 through 14.
A) Around February 23, 2015, KRW 120 million was determined as KRW 120 million, and interest thereon was paid on July 4, 2015, and accordingly, the Plaintiff’s total amount of the principal of the instant loan paid to the Defendant by June 18, 2015 can be recognized as up to KRW 120 million. A) On February 23, 2015, the Plaintiff drafted a loan certificate with the Defendant as of July 4, 2015 (hereinafter “the instant loan certificate”). The Defendant, instead of being owned by the Plaintiff to secure its debt, set up a collateral security right to KRW 120 million with respect to the land located in Changnam-gun, Seoul Special Metropolitan City.
B) Of the money paid by the Plaintiff to the Defendant in relation to the instant loan, there is no evidence that the amount confirmed as financial transaction data from August 12, 2013 to June 18, 2015, up to 86,455,000 won, and instead, the amount paid to the Defendant during March 18, 2015 is KRW 2,3890,000,000, and the total amount is equal to the principal of the instant loan. C) The Defendant did not have to request the Plaintiff to pay the shortage because the principal of the instant loan paid to the Plaintiff is less than KRW 120,000,000,000,000.
2) On April 21, 2016, the Plaintiff was a person who received reimbursement of KRW 10 million from the Defendant, and the Plaintiff’s interest and delay damages calculated at the rate of 5% per annum from February 23, 2015 to April 21, 2016, calculated at the rate of 6,953,424 won [the interest and delay damages for 424 days from February 23, 2015 to April 21, 2016]. < Amended by Act No. 13248, Apr. 21, 2016>