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1. As to the Plaintiff KRW 40,000,000 and KRW 10,000 among them, the Defendant shall have 5% per annum from July 1, 2014 to July 22, 2014.
Reasons
Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 4, the plaintiff lent a total of KRW 90 million to the defendant company from July 16, 2010 to November 19, 2010, which was not repaid KRW 40 million among which the defendant company’s representative director C did not pay KRW 50 million. The defendant company’s representative director C, May 9, 2014, which was above KRW 10 million until June 30, 2014, and KRW 30 million until August 30, 2014, may be acknowledged that the plaintiff prepared a written confirmation that he/she would pay KRW 10 million to the defendant company, and there is no reflective evidence.
According to the above facts of recognition, with respect to the above KRW 40 million and the above KRW 10 million among them, the defendant company is obligated to pay to the plaintiff 5% per annum as stipulated in the Civil Act from July 1, 2014, which is the day following the above due date until July 22, 2014, which is the day of service of a copy of the complaint in this case, 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and with respect to the remaining KRW 30 million from September 1, 2014, which is the day following the above due date (after the delivery of a copy of the complaint in this case to the defendant) to the day of full payment.
The Plaintiff sought payment of interest and delay damages from November 20, 2010 for the above KRW 40 million, but the Plaintiff agreed on the repayment period different from the above debt certificate with respect to the above loan.
Since there is no evidence to prove that the interest agreement was made, this part of the assertion is not acceptable.
Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remainder is dismissed as it is without merit.