대여금
1. The defendant shall pay 6,400,000 won to the plaintiff and 20% per annum from September 6, 2013 to the day of complete payment.
1. Determination on the claim for return of loan
A. The fact that the Plaintiff lent a total of KRW 18,90,000 to the Defendant from September 21, 2009 to April 2, 2010 does not dispute between the parties, and that the Plaintiff’s remainder of the loan that the Plaintiff received from the Defendant in repayment of part of the loan amount is KRW 6,40,000, barring any special circumstance, the Defendant is obligated to pay damages for delay calculated at the rate of KRW 20% per annum as stipulated in the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings, which is the day following the delivery of a copy of the application for reduction of the claim and change of the cause of the claim as of September 5, 2013, as the Plaintiff seeks against the Plaintiff, barring special circumstance.
B. The defendant's defense and the judgment to the effect that the defendant paid the full amount of the loan, but there is no evidence to acknowledge it.
(B) According to the evidence Nos. 12 and 12, the judgment as to the claim for the agreed amount on February 2, 198 is without any assertion that C may be deemed to have repaid the borrowed amount to the Plaintiff, although C is deemed to have remitted the money to the Plaintiff by the Plaintiff.
A. The main point of the Plaintiff’s assertion was that the Defendant subcontracted the construction work of the building that was contracted by D to C as the representative director.
C Co., Ltd., on September 9, 2009, re-subcontracted the steel framed to the Plaintiff during the subcontracted construction from Nam Young Construction Co., Ltd.
During the process of the construction of the said steel framed, the Plaintiff discounted the said bill upon the Defendant, the representative director of the Co., Ltd., upon the Defendant’s request that two copies of the electronic bill (one sheet of KRW 27 million and one sheet of KRW 45 million) issued by the Nam Construction Co., Ltd. (one sheet of KRW 27 million) be discounted.
Since then C shall pay only part of the above discount amount, and on July 2, 2010, the unpaid discount amount of KRW 23 million is paid.