손해배상
1. The Defendant: (a) KRW 15 million to the Plaintiff; and (b) 5% per annum from May 29, 2018 to April 18, 2019 to the Plaintiff.
1. The fact that the Plaintiff, at the Defendant’s request, paid a fine of KRW 15 million on June 20, 2012, and a fine of KRW 15,500,000 on January 18, 2013, the Plaintiff paid a fine of KRW 15,500,000 on behalf of the Defendant may be acknowledged by taking account of the overall purport of the pleadings, either there is no dispute between the parties, or the entire purport of the pleadings as set forth in each of the evidence Nos. 1 and 4. Thus, the Defendant is liable to pay the Plaintiff a fine of KRW 15,50,00
As to this, the defendant asserts that the above money was invested in the defendant according to a partnership agreement between two parties, but there is no evidence to acknowledge it, and the above argument is not accepted.
2. Determination on the claim for return of loan
A. On August 17, 2012, the Plaintiff’s assertion that the Defendant lent KRW 10 million to the Defendant under the name of the Defendant’s criminal agreement amount, and thus, the Defendant is obligated to return the said money to the Plaintiff.
B. According to the evidence No. 5 of the judgment of the court below, it is difficult to recognize that the Plaintiff lent KRW 10 million to the Defendant solely on the basis of the above fact of recognition, since it is recognized that the Plaintiff and his spouse deposited KRW 10 million in the passbook on August 17, 2012.
The plaintiff's claim for this part is without merit.
3. Conclusion: (a) the Defendant is obligated to pay to the Plaintiff a total of KRW 15.5 million and damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from May 29, 2018, which is the day following the day on which a copy of the instant complaint was served to the Defendant, to the extent that it is reasonable for the Defendant to dispute as to the existence of the obligation or the scope thereof; and (b) the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as the Plaintiff seeks.
The plaintiff's claim shall be accepted within the scope of the above recognition, and the remainder shall not be justified.