대여금
1. The Defendant’s KRW 30,900,000 as well as the Plaintiff’s annual rate of 5% from March 2, 2015 to July 1, 2016.
1. On January 2012, C, the Plaintiff’s mother of basic facts, lent KRW 30,900,00 to the Defendant, and the fact that C, the inheritor, does not conflict between the parties, or that the Plaintiff is the inheritor, can be acknowledged in full view of the purport of the entire pleadings in the entries in subparagraphs 1 through 4 above.
2. Determination
A. The Plaintiff asserts that C was paid at least KRW 500,00 per month interest at the time of lending the above amount to the Defendant, and that the Defendant did not have any interest agreement.
According to the evidence evidence Nos. 2 and 3, the following facts can be acknowledged: (a) the Plaintiff and the Defendant divided a conversation between the Plaintiff and the Defendant on April 30, 2015 that the above loan was sealed by two months; (b) the Defendant paid C the above loan amount of KRW 500,000 on November 4, 2013; (c) the Defendant paid C the amount of KRW 500,000 on July 1, 2014; and (d) March 50, 2015 on March 2, 2015 (the Defendant also uses an expression that there is room to regard the above loan as interest). According to the above facts of recognition, it appears that C had an interest agreement at the time of lending the above loan to C.
B. According to the facts as to the cause of claim and the Defendant’s assertion, the Defendant: (a) based on the above facts of recognition, the Defendant: (b) sought interest payment from March 2, 2015 to March 1, 2015 to the Plaintiff, the heir of C (the Plaintiff is also entitled to interest payment from January 2, 2012 to March 1, 2015 to the Defendant; (c) as seen earlier, the Plaintiff and the Defendant divided a conversation that the Plaintiff and the Defendant are closely interested in two months from April 2015 to April 1, 2015. Therefore, the part on the claim for interest on the above period is without merit.
In addition, according to the statement of complaint No. 3, it is reasonable to see that the interest payment date is the second day of each month.
() By July 1, 2016, the Defendant paid KRW 50,000,00 to C on November 4, 2013, July 1, 2014, and the Defendant paid KRW 50,00,00 to C on March 2, 2015, which is deemed reasonable to dispute over the existence and scope of performance obligations.