beta
Text
1. The Plaintiff:
A. Defendant B shall be KRW 70,000,000 and the interest rate of KRW 15% per annum from March 13, 2018 to the date of full payment.
Reasons
1. In full view of the overall purport of the pleadings in Gap evidence Nos. 3 and 5 (including branch numbers if serial numbers are included; hereinafter the same shall apply) judgment on the claim for loans against Defendant B as of June 3, 2015 and September 30, 2015, it is recognized that the plaintiff leased Defendant B, ① June 3, 2015, ② KRW 20,000 (as of June 3, 2017), ② September 30, 2015, KRW 10,000 (as of June 3, 2015, maturity of KRW 10,000) and maturity of KRW 10,000,000 (as of December 30, 2015, maturity of KRW 10,000, the remainder of KRW 10,000 and maturity of reimbursement of KRW 10,000).
Therefore, barring special circumstances, Defendant B is obligated to pay to the Plaintiff 70,000,000 won in total and 15% interest per annum from March 13, 2018 to the day of full payment, which is the day following the day on which the copy of the instant complaint was served to the Defendant, as requested by the Plaintiff.
As to this, Defendant B has a defense to the effect that he repaid all loans to the Plaintiff, including that all obligations have been liquidated due to the payment in substitutes as seen in the following Paragraph 2, it is difficult to believe that the entries in No. 1 and the results of D himself examination, which seem to correspond thereto, are difficult to believe. Although the Defendants are aware that they have the original copy of the statement of transaction (Evidence No. 1-2) which is one of the main evidence alleged by the Plaintiff, it is insufficient to recognize the fact that all loans have been repaid completely, and there is no other evidence to acknowledge it.
Defendant B’s defense is without merit.
2. Comprehensively taking account of the overall purport of the pleadings in the evidence No. 4 of the judgment on the claim for loans against the Defendants as of July 7, 2015, the Plaintiff recognized KRW 220,000,000 to Defendant B on July 7, 2015 within the scope of the Plaintiff’s assertion on the grounds that the description of the principal, interest, and delay damages as stated in the loan certificate (a evidence No. 4-1) and the certified copy of the authentic deed (a evidence No. 4-2), is not inconsistent with the Plaintiff’s assertion on July 7, 2015;
The due date is set on July 7, 2018 and lent by Defendant C at the time.