대여금
1. The Defendant’s KRW 60,000,000 as well as 15% per annum from January 22, 2019 to May 31, 2019 to the Plaintiff.
On May 24, 2017, the Plaintiff lent KRW 120 million to the Defendant as of August 24, 2017. The Defendant confirmed that he/she borrowed KRW 120 million from the Plaintiff on June 6, 2018, and on May 24, 2017, the Plaintiff agreed to pay KRW 70 million to the court deposit and pay KRW 50 million within three months (90 days). The Plaintiff thereafter, on July 4, 2018, did not dispute between the parties, or comprehensively taking into account the overall purport of the pleadings set forth in the evidence No. 5 and No. 6.
The defendant asserts that only 100 million won was borrowed from the plaintiff, but there is no evidence to reverse the above fact.
Therefore, pursuant to Article 1 and Article 2(2) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, Jan. 22, 2019; the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) and Article 1 and Article 2(2) of the Addenda, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from May 31, 2019; and 12% per annum from the following day to the date of full payment.
(The provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is amended on May 21, 2019 and enforced on June 1, 2019, only damages for delay calculated at the rate of 12% per annum from June 1, 2019 to the date of full payment. Thus, the part in excess of the claim of the plaintiff is without merit.) Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit.