대여금
1. The Defendant’s KRW 34,00,000 as well as 15% per annum from May 15, 2019 to May 31, 2019 to the Plaintiff.
1. According to the evidence No. 1 of the judgment as to the cause of the claim No. 1, the fact that the Plaintiff lent KRW 34,000,000 to the Defendant on February 28, 2012 is recognized.
According to this, the defendant is obliged to pay the plaintiff 34,000,000 won and damages for delay.
The defendant asserts that the amount actually received from the plaintiff is KRW 19,00,000,000, but the above argument is not acceptable as it goes against the statement in Gap evidence 1.
In addition, the defendant asserts that the plaintiff is responsible for the plaintiff's repayment of KRW 5,000,000,000, as the plaintiff recommended to pay the 5,000,000 if it is good condition at the time of filing a petition for bankruptcy, but there is no evidence to acknowledge it.
The defendant asserts that the plaintiff's claim was entered in the list of bankruptcy creditors at the time of filing a petition for bankruptcy. However, according to the significant facts in this court, the plaintiff is not entered in the list of bankruptcy creditors.
(Seoul Rehabilitation Court 2013Hadan3293, 2013 3293). 2. As a result, the Defendant is obligated to pay to the Plaintiff 34,000,000 won and damages for delay calculated at the rate of 15% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 15, 2019 to May 31, 2019, and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019), as the Plaintiff seeks, from May 15, 2019 to May 31, 2019.
The plaintiff's claim shall be accepted with due reason.