beta
Text
1. Defendant B’s 30,000,000 won and the interest rate of 15% per annum from February 16, 2017 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 5.
1) Defendant B is the father of Defendant C. 2) The Plaintiff paid each of Defendant C’s accounts with KRW 20 million on February 18, 2004, and KRW 7 million on February 19, 2004.
3) On February 18, 2004, Defendant B issued a certificate of borrowing that the Plaintiff would have borrowed KRW 30 million as of April 18, 2004 (No. 1) by setting the due date for repayment as of April 18, 2004.
B. The following circumstances, which can be recognized by the purport of the entire pleadings, are as follows: (a) the Plaintiff submitted the instant complaint on December 13, 2016, which was written by Defendant B, to lend KRW 30 million to Defendant B; and (b) paid KRW 20 million to Defendant C’s account in the name of Defendant C; and (c) Defendant B claimed that the amount of KRW 30 million was paid at KRW 2 million from May 9, 2017 to September 20, 2017, 4 times from May 9, 2017 to September 20, 2017, 30 million from the date of pleading; and (d) the loan was not clearly disputed by the date of two conciliation; and (d) the Plaintiff asserted that the extinctive prescription defense or the actual borrower was D; and (e) Defendant B was merely the date of repayment for the loan of KRW 40 million from Plaintiff B on May 28, 2018.
Therefore, Defendant B is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from February 16, 2017 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff, as the payment period for the KRW 30 million and thereafter.
As to this, Defendant B bears the director's expenses in relation to the sales contract for the land outside Dong-gu, Dong-gu and one other than F in its neighboring building and the four lots of land and building owned by Defendant B around February 2004.