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1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 24, 2012 to November 4, 2016.
Reasons
1. Judgment on the plaintiff's assertion
A. There is no dispute between the parties as to the facts that the Plaintiff lent KRW 2,00,000,000 to the Defendant on March 27, 2011 on the claim of KRW 2,000,000, which was determined on March 23, 2011, or can be recognized by taking into account the overall purport of the pleadings in the statement in subparagraph 1. Thus, the Defendant is liable to pay the Plaintiff the above KRW 2,00,000 and the delay damages.
B. Of loan 40,00,000 won, determination 1 on the claim amounting to KRW 23,600,000,000 which was not paid due was made on January 19, 2012, the fact that the Plaintiff remitted KRW 6,000,000 to the Defendant on February 19, 2012, and KRW 40,000,000,000 on March 5, 2012 can be recognized as either a dispute between the parties or by the statement under subparagraph 2-1, 2, and 3 of the evidence 2-1, 2, and 3, upon the Plaintiff’s request by the Defendant that the money was needed to operate the second-time export business. (2) The Plaintiff’s assertion that the Plaintiff loaned the above KRW 40,00,000 to the Defendant on March 23, 2012.
However, since the Defendant paid only KRW 16,400,000 among the above loans, it is obligated to pay the Plaintiff the unpaid amount of KRW 23,600,000 and delay damages.
3) The defendant's assertion that the above KRW 40,00,000 is not a loan, but a loan for used cars export business, and the defendant cannot accept the plaintiff's claim since it did not borrow the above money from the plaintiff. 4) The defendant's argument that the plaintiff's above KRW 40,00,000 delivered to the defendant is a loan to the defendant. The plaintiff bears the burden of proving that the above money is a loan to the defendant. The plaintiff's assertion on this part is insufficient to recognize that the above money is a loan to the defendant only with each statement of evidence Nos. 2 and 4 (including each number) submitted by the plaintiff. The plaintiff's assertion on this part is not acceptable.
In particular, the money of the above 40,000,000 won that the plaintiff lent to the defendant is a small amount.