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1. The Defendant’s KRW 7,400 as well as the Plaintiff’s annual rate of 5% from October 14, 2014 to November 18, 2015, and the following.
Reasons
1. Determination as to the cause of claim
A. There is no dispute between the parties on the facts that the Plaintiff loaned KRW 2 million to the Defendant on March 31, 2006, KRW 20 million on August 17, 2006, KRW 5 million on January 4, 2007, KRW 10 million on February 2, 2007, KRW 27 million on March 15, 2007, KRW 9 million on October 30, 2007, and KRW 74 million on December 27, 2007.
B. The Plaintiff asserted that the Defendant paid 2% interest on the above loan and agreed to pay the interest and damages for delay on the part of Seoul Housing Co., Ltd., but the Plaintiff’s submission of the evidence alone is insufficient to acknowledge the existence of such an agreement, and there is no other evidence to acknowledge it. Accordingly, the above assertion is rejected.
Therefore, there is no evidence to acknowledge that the defendant's above loan obligation is an obligation for which the due date is not specified, and that the plaintiff notified the defendant to return it by setting a reasonable deadline.
C. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the above loan amounting to KRW 74 million and the delay damages calculated by the ratio of 5% per annum as stipulated by the Civil Act from October 14, 2014 following the delivery of the instant complaint to November 18, 2015, the date when the Defendant rendered a substantial decision to dispute the existence or scope of the obligation, to November 18, 2015, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
2. Judgment on the defendant's assertion
A. The Defendant lent a total of KRW 643 million to the Plaintiff from January 25, 2008 to July 13, 2009. As such, the Defendant’s loan claim against the Plaintiff is offset against the Plaintiff’s loan claim against the Defendant based on the Plaintiff’s automatic claim. 2) The Plaintiff and the Defendant’s land size of KRW 551 square meters in the wife population D (hereinafter “instant land”).
The defendant jointly agreed to purchase the purchase price, and accordingly, the defendant sent 480 million won to the plaintiff from January 25, 2008 to March 31, 2008.