beta
Text
1. The defendant shall pay to the plaintiff KRW 71,50,000 and KRW 70,000 among them, from May 26, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On November 26, 2012, the Plaintiff sent KRW 70,000,000 to the Defendant on November 26, 2012, without setting the due date, the interest amount of KRW 300,000 per month, and the due date for interest payment of KRW 70,000,000 to the Defendant on the following day.
B. Since October 2013, the Defendant did not pay interest to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 70,000,000 and interest of KRW 1,500,000 (=300,000 x 5 months) total of KRW 71,50,000 and the amount of KRW 70,000 among the loans, calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 26, 2014 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.
B. The Defendant’s assertion (1) asserts that, on June 3, 2013, the Defendant transferred KRW 10,000,000 to the Plaintiff, and paid KRW 20,000,000 by adding the checks and cash, etc., and that the Defendant paid KRW 40,00,000 to the Plaintiff by borrowing KRW 40,00 from the land C and paying it to the Plaintiff.
In regard to this, the plaintiff asserts that since he lent KRW 30,00,000 to D by the defendant's words, he received KRW 10,000 from the defendant as the repayment of the above loan obligation, and received KRW 20,000,000 from D by means of checks and cash, and thus, he did not receive the defendant's obligation.
(2) First of all, we examine whether the defendant paid additional KRW 40,000,000 in addition to KRW 30,000,000, which the defendant acknowledged that he was paid to the plaintiff, and whether the defendant paid additional KRW 40,000 in addition to the above 30,000,00,000 in addition to the above 30,000.