대여금
1. The Defendant’s KRW 86,00,000 as well as the annual rate of KRW 5% from May 5, 2015 to May 10, 2016 to the Plaintiff.
1. The plaintiff's assertion and determination on the cause of the claim that the plaintiff lent KRW 90 million to the defendant, and thus, he/she should be paid the money and delay damages.
According to the evidence Nos. 1 and 2, the Plaintiff deposited KRW 30 million on March 22, 2013, KRW 30 million on March 27, 2013, KRW 30 million on March 27, 2013, and KRW 26 million on April 2, 2013 to the bank account in the name of the Defendant or Silver, who was the Silver, at the time.
In light of the circumstances acknowledged by evidence Nos. 3, 4, and 5 as above, namely, the Plaintiff’s loaning KRW 60 million at the Korea Standards Down Bank on March 14, 2013, the Defendant paid the Plaintiff money that appears to be interest at the 25th day of each month from April 25, 2013 to July 25, 2014, and the Plaintiff sent a proof of the purport to urge the Defendant to pay the amount of money lent to the Defendant on April 6, 2015, it is reasonable to deem that the Plaintiff lent the above money to the Defendant, and the payment date has arrived at the expiration of a reasonable date from April 6, 2015, for which the Plaintiff requested the Defendant to pay.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 86 million won in total and damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from May 5, 2015 to May 10, 2016, the date following the delivery date of a copy of complaint demanding payment by the Plaintiff, which is the day on which the Plaintiff was served with a copy of complaint demanding payment.
2. The defendant's assertion and judgment are asserted to the purport that the plaintiff's assertion is groundless since the plaintiff paid a considerable amount of KRW 60 million borrowed from a financial institution to D's husband, who was the plaintiff's husband. However, there is no evidence to acknowledge it, and there is no fact that the defendant's assertion is true.