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1. The Defendant: (a) KRW 26,300,000 for the Plaintiff and 5% per annum from December 25, 2014 to June 18, 2015.
Reasons
Facts of recognition
From 1996 to 196, the father C has made a monetary transaction by lending money to the Defendant and the Defendant paying part of the money to C.
C around December 2004, around 2004, the Defendant: “Around December 2004, collected the money loaned and repaid in the name of the Plaintiff; and (b) requested the Plaintiff to pay the money borrowed from C to the Plaintiff.”
Accordingly, on December 30, 2004, the Plaintiff prepared a certificate of loan between the Defendant and the Defendant stating that “the Defendant borrowed KRW 60 million from the Plaintiff and would pay it to the Plaintiff by the due date,” and the Plaintiff did not separately enter into an agreement on interest or set the due date.
C died on September 2, 2011.
From January 6, 1998 to December 16, 2014, the Defendant paid C totaling KRW 52,840,000 as shown in the attached Table, to C before death, and thereafter C repaid to the Plaintiff, and the total sum of the money repaid after the completion of the above loan certificate is KRW 33,70,000.
[Ground of recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 through 11, fact-finding results on the new branch of the non-ASEAN Agricultural Cooperatives, and the fact-finding results on the whole purport of the pleadings, the defendant is obligated to pay to the plaintiff damages for delay from December 25, 2014, which is the day following the delivery date of a copy of the complaint of this case, pursuant to the agreement between the plaintiff and the defendant of December 30, 2004.
Meanwhile, the Plaintiff asserted that the Defendant entered into an annual interest agreement on the said money with the Defendant, and sought interest payment from May 1, 2014, which is the day following the date of the last payment of interest, and thus, the Defendant deposited the money of KRW 300,000 to KRW 40,00 on several occasions on several occasions is recognized as above, and it is highly probable that the said money has the character of interest in light of the amount, the method of payment, and the period of payment.