대여금
1. The Defendant shall pay to the Plaintiff KRW 64,80,000 as well as 20% per annum from February 7, 2015 to the day of complete payment.
Comprehensively taking account of the purport of each of the statements in Gap evidence 1 through 4 and Eul evidence 1-10, the plaintiff joined the successful bidder's team organized by the defendant and paid the fraternity in his/her own name and Park Jong-nam. Accordingly, on May 28, 2014, the defendant agreed to pay 5.8 million won to the plaintiff by July 30, 2014 with respect to the return of the fraternity to the plaintiff on July 30, 2014 (hereinafter "the agreement in this case"), and thereafter, the defendant paid 5 million won to the plaintiff on July 28, 2014.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 64.8 million (= KRW 5.8 million - KRW 64 million - five million) and to pay the amount calculated by the rate of 20% per annum from February 7, 2015 to the date of full payment under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day following the service of the original copy of the instant payment order sought by the plaintiff after the final due date for payment.
In regard to this, the defendant alleged that he paid the plaintiff additional amount of KRW 4.2 million on March 27, 2014, and KRW 3.3 million on April 5, 2014. However, according to the evidence adopted earlier, the agreement of this case was concluded after the date the defendant paid the above amount. In light of these circumstances, it is reasonable to deem that the defendant calculated the amount that the defendant should pay in accordance with the agreement of this case, considering all of the claims that the defendant paid the above additional amount.
Ultimately, the defendant's above assertion is difficult to accept.
Thus, the plaintiff's claim of this case is justified and accepted.