대여금
1. The defendant shall pay 1,327,00,000 won to the plaintiff and 12% per annum from June 22, 2019 to the date of full payment.
Comprehensively taking account of the respective descriptions and arguments as to Gap evidence Nos. 2 and 3, the plaintiff may recognize the fact that the plaintiff lent a total of KRW 1,450,000 to the defendant from December 11, 2013 to December 17, 2013 without due date. Since the plaintiff is a person who has received reimbursement of KRW 123,00,000 out of the above money, the defendant is obligated to pay the remainder of KRW 1,327,00,000 (=1,450,000,000 - 123,000,000,000) and damages for delay.
As to this, the defendant defense that the plaintiff paid 30% of the principal amount (=1,450,000,000 won x 0.3) beyond the amount of money paid by the plaintiff, but there is no evidence to acknowledge it.
Therefore, the defendant is obligated to pay to the plaintiff 1,327,00,000 won and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 22, 2019 to the day of full payment, following the following day when the application for modification of the purport and cause of the claim of this case, stating the plaintiff's declaration of intent to request the performance thereof, is served on the defendant. Thus, the plaintiff's claim is justified and it is so decided as per Disposition.