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1. The defendant shall pay to the plaintiff KRW 25,228,148.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit.
Reasons
1. Determination on the cause of the claim
(a)The following facts may be admitted either as a dispute between the parties or as a whole to each entry in Gap evidence Nos. 1, 2, 5, 8, and 10 (including serial numbers; hereinafter the same shall apply), with the overall purport of the pleadings, unless otherwise specifically mentioned:
1) On October 5, 2009, the Plaintiff determined that KRW 60,000,000 to the Defendant on October 7, 2010 due date and KRW 980,000 per annum (19.6% per annum) was due and lent (hereinafter “loan on October 5, 2009”).
(2) After October 7, 2010, the Plaintiff and the Defendant agreed to suspend the payment period without setting the deadline (hereinafter “instant grace agreement”).
(2) On July 11, 2012, the Plaintiff lent KRW 9,600,000 to the Defendant on March 22, 2013 (hereinafter “loan from July 11, 2012”) and thereafter changed the repayment period to February 22, 2014.
3) The Plaintiff leased KRW 9,60,000 to the Defendant on November 20, 2012, and KRW 9,600,000 on November 26, 2012, each due date for repayment of KRW 26,00,00 to the Defendant on February 28, 2013 (hereinafter each “loan from November 20, 2012”), and “Loan from November 26, 2012”.
(4) On January 14, 2013, the Plaintiff lent KRW 10,000,000 to the Defendant on March 15, 2013 (hereinafter referred to as “loan on January 14, 2013”), and thereafter, the repayment period was changed to March 15, 2014.
5) On October 14, 2013, the Plaintiff: (a) lent KRW 18,900,00 to the Defendant without having set the due date for repayment (hereinafter “loaned on October 14, 2013”); and (b) included each of the loans under paragraphs (i) through (v) and “each of the instant loans”.
B.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the sum of KRW 117,700,000 as above borrowed money and the interest or delay damages on KRW 60,000 as of October 5, 200 among them, as sought by the Plaintiff.
C. In addition to each of the instant loans, the Plaintiff also lent KRW 9,600,000 to the Defendant on March 28, 2012, and KRW 28,350,000 on May 31, 2012, and KRW 10,000 on September 24, 2012.