대여금
1. The Defendant’s KRW 4,600,000 as well as the Plaintiff’s annual rate of 5% from January 3, 2017 to June 28, 2017, and the following.
1. Determination as to the cause of claim
A. From January 28, 2014 to November 26, 2014, the Plaintiff’s summary of the Plaintiff’s assertion determined and lent KRW 31,220,000, in total, 17 times during the period of reimbursement from January 28, 2014 to three days after the date of loan.
Therefore, the defendant is obligated to pay to the plaintiff KRW 31,220,000 and damages for delay.
B. Comprehensively taking account of the written evidence No. 3 and the purport of the entire pleadings, the Plaintiff’s total amount of KRW 12,500,000 to the Defendant from January 2014 to April 2015 can be recognized as having leased the payment period of KRW 12,50,000 to the Defendant after three days from the date of lending.
According to the above facts, the defendant is obligated to pay the plaintiff 12,500,000 won and damages for delay.
Furthermore, with respect to whether the Plaintiff loaned the Defendant more than the above amount (=31,220,000 won - 12,500,000 won - 12,500,000 won), it is not enough to acknowledge the above facts solely by the descriptions of the health class, the evidence Nos. 12 and 12 of the evidence Nos. 12 and 3 of the above amount. The Plaintiff’s claim for this part is without merit, since there is no other evidence to acknowledge it.
2. The Defendant’s assertion of repayment is alleged to have paid KRW 10,00,000 to the Plaintiff. As such, in full view of the following: (a) the Defendant alleged to have paid KRW 10,000 to the Plaintiff; and (b) the Defendant’s repayment of KRW 7,30,000 on July 24, 2014 and the purport of the entire pleadings, the Defendant’s repayment of KRW 60,000 on October 16, 2014 may be recognized.
Unless there is any assertion as to the agreed appropriation or the designated appropriation, the sum of KRW 7,900,000 which the plaintiff received from the defendant shall be appropriated in the order of interest and principal in accordance with the method of statutory appropriation as stipulated in Article 479(1) of the Civil Act. However, unless there is any evidence that can specify the amount of interest and delay damages incurred on the date of the above repayment or the respective lending days, all of them shall be appropriated for principal.
Therefore, the defendant's above assertion is justified within the range of KRW 7,900,000.
3. If so, the defendant is to conclude that the plaintiff 4,600,000 =12,50.