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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from August 7, 2018 to the date of full payment.
Reasons
1. In full view of the purport of the entire pleadings as to the evidence No. 1 (Evidence No. 1) as to the cause of the claim, the Plaintiff and the Defendant, on June 28, 2012, had the Defendant settled the borrowed money at KRW 60 million.
Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff a loan of KRW 60 million and damages for delay.
2. The defendant's defense of payment against the defendant is proved to have paid to the plaintiff 15 million won in cash at the house of C (one-person D) in 2011 to 2012, and the defendant paid 33 million won (=6 million won in total) by paying 6 million won to the plaintiff three times each, with the payment of 18 million won (=6 million won in total).
However, comprehensively taking account of the following facts and circumstances acknowledged in Gap evidence Nos. 1 through 5 by comprehensively taking account of the purport of the entire pleadings, the defendant's defense of repayment is without merit, since the result of the settlement of all loans between the plaintiff and the defendant by June 28, 2012 is acknowledged as constituting 60 million won recognized in the above paragraph (1).
① Around April 2009, the Defendant demanded that the Plaintiff lend KRW 50 million to the Plaintiff. On April 16, 2009, the Plaintiff opened the passbook and the seal of this mother E, and the Defendant also paid KRW 50 million on the same day at a annual interest rate of 20%. As such, the Defendant prepared a standard contract for loan transaction (Evidence 2) and delivered it to the Plaintiff.
② From April 23, 2009 to May 7, 2009, the Defendant borrowed KRW 54,016,800 in total from the above passbook through a 12-time loan and then returned KRW 4,016,800 to the Plaintiff.
③ Around December 201, the Defendant borrowed additional KRW 20 million from the Plaintiff, and prepared a loan certificate (Evidence A 5) stating that KRW 70 million shall be repaid each day from January 1, 2012, with respect to KRW 100,000,000, and delivered it to the Plaintiff.
④ The Defendant paid KRW 15 million to the Plaintiff in cash.