1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, and.

1. The following facts are acknowledged according to the records of the decision subject to a retrial.

1. Facts of recognition;

A. From April 10, 2013 to August 23, 2013, the Plaintiff leased KRW 85 million to the Defendant by means of remitting money to the Defendant’s passbook used by the Defendant.

B. The Defendant prepared a loan certificate with respect to KRW 25 million from November 201, 2012 to November 201, 2013 with respect to the amount borrowed to the Plaintiff.

C. On August 21, 2013, the Defendant: (a) prepared a loan certificate to repay KRW 60 million to the Plaintiff up to December 31, 2014; (b) stated that “from September 31, 2013 (which appears to have been written in writing on September 31, 2013), KRW 3 million as of the end of each month.”

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from April 8, 2014 to the day following the day of the delivery of a copy of the complaint of this case sought by the Plaintiff. Moreover, on December 31, 2014, the due date of payment of KRW 60 million and the damages for delay at the rate of 5% per annum as stipulated in the Civil Act from January 1, 2015 to the day of full payment.

B. The Defendant asserts that the Plaintiff paid to the Plaintiff KRW 60,490,000 as interest, including KRW 5 million on September 30, 2013, and KRW 3 million on October 31, 2013, and KRW 12,5 million as principal, and KRW 50,000,000 as principal, out of KRW 25 million.

The part of the defendant's assertion that the plaintiff paid the interest in this case is not an obstacle to the plaintiff's claim.

In addition, there is no evidence to support the argument that the defendant paid part of the principal.

Therefore, the above argument of the defendant is without merit.

Busan District Court 2014Kadan2093.