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1. The judgment of the first instance, including the Plaintiff’s claim changed in the trial, shall be modified as follows:
The defendant.
Reasons
1. The Plaintiff’s loan of KRW 30 million to the Defendant on January 2, 2005 without setting the interest and the due date for repayment does not conflict between the parties, and the fact that the Plaintiff received reimbursement of KRW 25 million in total from April 2, 2007 to July 10, 201 by 50,000,000 from the Defendant and the Defendant and the Defendant, respectively, from April 2, 2007 to July 10, 201, is the Plaintiff. Thus, the Defendant is liable to pay the remainder of the loan to the Plaintiff and the delay damages therefrom, barring any special circumstances.
On the other hand, the Plaintiff lent the loan without fixing the interest at the time of the loan.
However, the legal interest rate under the Civil Act is not a mandatory provision under the Civil Act, but a monetary obligation is not a monetary obligation under the minimum interest rate. Thus, the plaintiff's assertion in this part is without merit. The plaintiff's assertion is without merit.
2. As to the determination on the defense, the defendant asserts that, in addition to the above KRW 25 million, the defendant paid the total of KRW 2,737,00 on December 5, 2007, KRW 100,000 on December 8, 2007, KRW 100,000 on July 4, 2008, KRW 50,500 on September 26, 2009, KRW 500,00 on March 12, 2010, KRW 500,000 on April 10, 2010, and KRW 2,737,00 on May 11, 2010.
Therefore, if we add the whole purport of the pleading to the statement of No. 1, B, it can be recognized that C subrogated to the Plaintiff on September 26, 2009, by means of remitting KRW 500,000 among the above loans. Thus, this part of the defendant's defense is justified.
However, there is no evidence to prove that the part of the defendant's remaining additional repayment defenses amounting to KRW 137,000 on December 5, 2007, KRW 100,000 on December 8, 2007, and KRW 1 million on July 4, 2008 was remitted to the plaintiff's account for repayment of the above loan, and on March 5, 2010.