대여금
1. The Defendant’s KRW 100,000,000 as well as its annual 6% from February 7, 2015 to November 23, 2016 to the Plaintiff.
Comprehensively taking account of the purport of Gap evidence No. 1’s statement and the entire argument, the plaintiff may recognize that on August 4, 2014, the plaintiff lent KRW 140,000,000 to the defendant as business capital by the due date on December 31, 2014. Meanwhile, the plaintiff was paid KRW 40,000,000 out of the above money by the defendant on February 6, 2015.
Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 100,000,000 from February 7, 2015, which is the day following the payment date, to November 23, 2016, the delivery date of the copy of the application for the instant payment order, 6% per annum under the Commercial Act, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the Plaintiff’s claim of this case is justified.