대여금
1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 11, 2015 to November 4, 2015.
1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1, 3, and 5 as to the cause of the claim, the plaintiff lent KRW 5 million to the defendant on February 23, 201, and KRW 50 million on August 16, 201, and KRW 55 million on September 6, 201, and received KRW 30 million from the defendant on September 6, 201.
According to the above facts, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) from August 11, 2015, the day following the delivery date of a copy of the complaint of this case containing the notice of performance peremptory notice to the plaintiff, to November 4, 2015, which is the date of this decision, and the defendant's objection to the scope of the obligation.
In addition, the Plaintiff asserts to the effect that he additionally lent KRW 2.0 million to the Defendant on January 31, 201 and KRW 2.5 million on June 3, 2011. However, each of the items stated in Gap evidence Nos. 2, 4, and 6, which appeared consistent with the Plaintiff’s above assertion, is hard to believe, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit.
2. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as there is no ground.