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1. The Defendant’s KRW 18,540,00 for the Plaintiff and KRW 6% per annum from October 29, 2019 to February 5, 2020.
Reasons
1. According to the purport of each of the statements and arguments by Gap evidence Nos. 1 and 2 (including paper numbers), the plaintiff loaned the above amount to the defendant who operated the clothes shop at the time by means of remitting the total amount of KRW 30,900,000 from November 15, 2011 to September 1, 2012. The defendant paid KRW 12,360,000 to the plaintiff from March 28, 2012 to June 3, 2015.
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the balance of KRW 18,540,000 (=30,900,000 - 12,360,000), barring any special circumstance.
B. The Defendant’s assertion (i) asserts that the Defendant repaid all of the above loans of KRW 30,90,000,000, but there is no evidence to acknowledge that the Defendant’s repayment exceeds the above KRW 12,360,000, and the Defendant’s assertion is without merit.
The defendant asserts that the five-year extinctive prescription has expired for KRW 16,00,00 borrowed from November 15, 201 to November 25, 201.
However, in the event of a continuous monetary transaction between the same parties, in the event that several debts exist between the same parties, and the obligor has repaid as a part of the obligation that falls short of the repayment of the entire obligation, barring any special circumstance, it shall be deemed that the obligor has repaid the entire obligation with the approval of the entire obligation (see, e.g., Supreme Court Decision 78Da1790, May 13, 1980). The Plaintiff’s above-mentioned loan claims were suspended by the Defendant’s approval of the partial repayment on June 3, 2015, and the extinctive prescription of the entire obligation was resumed from June 4, 2015, and the fact that the Plaintiff filed the instant lawsuit before the lapse of five years from the said repayment is apparent in the record.
C. On the other hand, the Defendant’s delivery of the complaint to the Plaintiff at KRW 18,540,000 and the Plaintiff’s delivery of the copy of the complaint at issue shall be limited to whether the Defendant has an obligation.