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1. Defendant B’s KRW 30,514,400 as well as 5% per annum from April 21, 2016 to November 10, 2016 to the Plaintiff.
Reasons
1. Determination as to the claim against the defendant B
A. In full view of the judgment on the cause of the claim Gap's evidence Nos. 1 (including each number), each order to submit a report to Gyeongnam Bank and National Bank Co., Ltd. and the entire purport of the pleadings, the plaintiff loaned total of KRW 309,800,000 from April 28, 2007 to April 7, 2014 as shown in the attached Table No. 1.
According to the above facts, Defendant B is obligated to pay to the Plaintiff KRW 309,800,000 of the borrowed principal and the delay damages therefor, unless there are special circumstances.
The plaintiff is a person who received a total of KRW 245,855,000, including interest KRW 25,455,000 from the defendant's side, but this is to be examined together with the defendant's repayment defense, etc.
B. Defendant B’s defense as to Defendant B’s defense of the payment of the loan from the Plaintiff. Thus, according to the aforementioned evidence, the above Defendant’s payment of the total amount of KRW 279,285,600 from September 22, 2007 to February 11, 2015 is recognized as having been paid to the Plaintiff as shown in the attached Table 2. Thus, the above defense is with merit within the scope of the above recognition.
In regard to this, according to the financial transaction details, the Plaintiff alleged that the remaining repayment amount after deducting the above amount should be appropriated for the above principal of the loan, since the Plaintiff paid the amount of KRW 120,000,180,230,000 among the money remitted by Defendant B as interest for the loan. However, the evidence submitted alone is insufficient to acknowledge that there was an agreement between the Plaintiff and the Defendant on interest, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.
In addition, as part of the amount claimed by the Defendants is calculated in duplicate or paid for the purpose of mutual financing irrelevant to the instant loan, the amount of KRW 2,835,00 shall be deducted from the amount of repayment.