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1. Defendant B’s KRW 73,593,813 as well as the Plaintiff’s annual rate from February 5, 2016 to April 7, 2017.
Reasons
1. Determination as to the claim against the defendant B
A. The Plaintiff’s assertion is obligated to pay to Defendant B the interest of KRW 20 million on April 20, 2015, ② KRW 12.5 million on October 27, 2015, ③ KRW 5 million on November 15, 2015, ④ KRW 20 million on December 30, 2015, ⑤ KRW 34.5 million on January 10, 2016, respectively, with interest rate of the Si bank, and KRW 93 million on the said loans, and KRW 5% on the date following the date of the last loan. As such, Defendant B is obligated to pay the Plaintiff interest and delay damages at the rate of KRW 5% on a yearly basis as stipulated in the Civil Act.
B. The fact that Defendant B prepared each of the instant loan certificates (hereinafter referred to as “each of the instant loan certificates”) stating that Defendant B borrowed KRW 20 million to the Plaintiff on April 20, 2015, KRW 27.1,25 million on October 27, 2015, KRW 500,000 on November 15, 2015, KRW 3.5 million on November 15, 2015, KRW 400,000 on December 30, 2015, KRW 50,000 on December 30, 2015, and KRW 34.5 million on January 10, 2016, that there is no dispute between the parties, or that each of the instant loan certificates is recognized by Party A’s evidence (including the serial number, hereinafter the same shall apply).
However, there is no evidence to acknowledge that the interest and the repayment period stated in each of the instant loans were subsequently stated by the Plaintiff, and that there was no other agreement for a specific interest.
Therefore, the Plaintiff lent the money stated in each of the instant loan certificates to Defendant B without setting the interest and the due date.
Therefore, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff delay damages from February 5, 2016, following the receipt of the written demand for performance of the instant loan by Defendant B, on or before February 4, 2016, with respect to the Plaintiff’s written demand for performance of the obligation. Thus, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff delay damages from February 5, 2016, on the following day after the receipt of the written demand for performance of the instant loan repayment.
B. Defendant B’s defense