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1. The Defendant’s KRW 30,000,000 as well as the annual rate of KRW 5% from January 22, 2015 to September 22, 2015 to the Plaintiff.
Reasons
1. According to the purport of subparagraph 1 and subparagraph 6-4 of the evidence Nos. 6-4 as to the claim for return of loans on April 5, 2012, the Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as prescribed by the Civil Act from January 22, 2015 to the date following the delivery of a copy of the complaint as to the above amount of KRW 30 million to the Defendant on April 5, 2012. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 30 million per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
Although the defendant asserts that he paid the above money in full, it is not sufficient to recognize the above money only with the descriptions of the evidence No. 6-1 to No. 4, and there is no other evidence to recognize it as such, the above argument by the defendant is without merit.
2. On February 4, 2013, the Plaintiff loaned KRW 30 million to the Defendant on March 5, 2013, and KRW 35 million on March 5, 2013. Around January 2013, the Plaintiff borrowed KRW 6 million in the name of the Plaintiff and lent it to the Defendant. Among them, the Plaintiff did not receive a refund of the principal amount of KRW 870,000 and KRW 2.80,000,000,000 from the loan, and claimed for payment of the total amount of KRW 41,755,00,000 and delay damages therefrom. However, the evidence submitted by the Plaintiff alone alone, the Plaintiff loaned the money
It is insufficient to recognize that part of the money borrowed or borrowed was not repaid, and there is no other evidence to recognize otherwise, the above assertion is without merit.
3. In conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.