대여금
1. The Defendant: (a) KRW 40 million to the Plaintiff; and (b) 5% per annum from November 21, 2016 to March 21, 2018 to the Plaintiff.
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and Eul evidence Nos. 1 and 2, the plaintiff is deemed to have lent KRW 40 million to the defendant on Nov. 20, 2016. Barring any special circumstance, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from Nov. 21, 2016, the day following the above lease date to Nov. 21, 2016, which is the delivery date of the copy of the complaint of this case, and from Mar. 21, 2018, from the following day to the day of full payment.
In regard to this, the Defendant asserted that the Plaintiff would pay as substitute material the amount of KRW 23920,000 (H beam beam, 46 tons, and 520,000 won per ton) owned by the Defendant, which was established at C at C site, and deposit KRW 70,000,000 from October 2016, the Defendant would have to deduct the above total amount of KRW 2462,00 from the above loan. However, the Defendant’s above assertion is insufficient to acknowledge it only by the statement in subparagraph 3, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.