Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from March 1, 2018 to the day following the delivery date of the original copy of the instant payment order, as sought by the Plaintiff, as the repayment period for the above loan 50,000,000 won and the damages for delay calculated from March 1, 2018 to the

2. Judgment on the defendant's defense of payment

A. The defendant asserts that since the lease of this case, the defendant transferred 3,000 shares of D Co., Ltd. which the defendant had been a representative director in the name of the plaintiff's wife C, thereby repaying the above 50,000,000 won to the plaintiff.

On September 24, 2013, the Plaintiff acquired 3,00 shares of D Co., Ltd. in the Plaintiff’s wife C’s name. However, regardless of the instant loan, the Plaintiff’s additional remittance from January 28, 200 to September 24, 2013, including KRW 23,90,000, and KRW 6,560,000, which was additionally remitted to the Defendant from January 28, 2009 to September 24, 2013, were appropriated for the share acquisition price, and the Plaintiff did not acquire shares as repayment for the instant loan.

B. Comprehensively taking account of the respective descriptions of evidence Nos. 3 and 5 and the purport of the entire pleadings, the following circumstances can be acknowledged when the Plaintiff’s spouse, after the instant loan, acquired 3,000 shares of D from the Defendant’s son, a representative director, at KRW 30,00,000, which the Defendant had been the Defendant’s representative director, from the Defendant’s son on September 24, 2013. However, the following circumstances can be revealed by comprehensively taking account of the respective descriptions of evidence No. 2-1 to 4 and the purport of the entire pleadings.