대여금
1. The Defendant’s KRW 21,100,000 as well as 5% per annum from December 31, 2016 to September 28, 2017 to the Plaintiff.
Comprehensively taking account of the purport of the statement and the whole argument as to Gap evidence Nos. 1, 2013, the plaintiff lent money to the defendant several times from June 2013, adjusted the total amount of KRW 50,000,000, and received a receipt (Evidence No. 1) to the effect that he/she will repay the amount of KRW 30,000 to December 30, 2016 (the defendant borrowed KRW 30,000,000 from the plaintiff, although he/she borrowed KRW 30,000 from the plaintiff, he/she asserted that the plaintiff made a receipt as stated in the evidence No. 1, but there is no evidence to acknowledge his/her assertion that the plaintiff paid the amount to the plaintiff KRW 28,90,00,00 in aggregate, from February 2, 2014 to March 3, 2017.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 21,100,000 (=50,000 - KRW 28,900,000) and damages for delay calculated at each rate of 15% per annum under the Civil Act from December 31, 2016 to September 28, 2017, which is the date when the Defendant becomes liable for payment, to dispute over the scope of the Defendant’s obligations.
(A) The plaintiff asserts that he agreed with the defendant at 3% interest rate per month, but there is no evidence to acknowledge such assertion. Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.