대여금
1. The Defendant’s KRW 50,000,000 and annual interest thereon from May 17, 2019 to September 5, 2019 to the Plaintiff.
1. The Plaintiff asserted that the Plaintiff lent KRW 70,00,000 to the Defendant on December 15, 2011, the Defendant shall pay to the Plaintiff 143,50,000 won (i.e., the sum of the principal amount of KRW 70,000,000 as well as damages for delay at the rate of KRW 15% per annum from December 15, 201 to December 14, 2018) and the damages for delay at the rate of KRW 12% per annum from the day following the date of delivery of a copy of the instant complaint to the day of full payment.
2. The remaining evidence submitted by the Plaintiff alone cannot be acknowledged that the Plaintiff lent KRW 70,000,000 to the Defendant on December 15, 2011.
However, according to Gap evidence No. 2-2, the plaintiff can only recognize the fact that he/she lent KRW 50,00,000 to the defendant on December 23, 2011 ( there is no evidence to acknowledge the terms of the interest agreement and the due date). Accordingly, the defendant is obligated to pay to the plaintiff 50,000,000 won and the amount at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 17, 2019 to September 5, 2019, the day following the delivery date of the copy of the complaint of this case claimed by the defendant for the performance of the contract.
3. Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit.