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1. The Defendant’s KRW 140,390,00 for the Plaintiff and 5% per annum from November 4, 2014 to July 23, 2015.
Reasons
1. Basic facts
A. On October 23, 2013, the Defendant: (a) paid part of the monthly amount of KRW 82,390,000 by the Defendant’s fraternity that the Plaintiff paid on behalf of the Plaintiff by October 23, 2016; (b) provided that, if the amount to be repaid in installments is not paid in installments for three consecutive months, the Defendant would lose the benefit of the time and immediately repay the amount to be paid in installments; and (c) did not pay the amount to be paid in installments each three consecutive months.
B. The Plaintiff loaned KRW 10,00,000 to the Defendant, around 2010, KRW 10,000, KRW 10,000 on December 2, 2010, KRW 10,000 on February 8, 2011, KRW 10,000 on July 14, 201, KRW 3,000,000 on October 17, 201, KRW 13,00,000 on December 13, 201, KRW 10,000 on December 13, 201, KRW 10,000 on February 5, 2013, KRW 200 on July 20, 2013, KRW 58,000 on a loan.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 6-1, 2, 3, 5, 7, 10, 12, and 13, and the purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 82,390,000 and KRW 140,390,000, totaling KRW 58,000 and KRW 140,390,000 from November 4, 2014 following the day following the day when the payment order was served to the Defendant, as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act until July 23, 2015, which is the day when the judgment is rendered, and as calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day until the day when the payment order was served to the Defendant.
Furthermore, other than the above loans, the Plaintiff asserts that, on April 11, 201, KRW 12,000,000, KRW 15,000,000 around August 3, 2011, and KRW 6,000 around May 6, 2012, KRW 6,000,000 around November 19, 201, and KRW 49,000,000 in addition to the above loans, the Plaintiff asserted that the Defendant lent KRW 12,00,000 to the Defendant around January 7, 2013, around April 11, 201, according to the evidence Nos. 6-4, C lent to the effect that the Plaintiff borrowed KRW 12,00,00 to the Defendant, and that the Plaintiff borrowed the above guarantee certificate. However, it can be recognized that the Plaintiff borrowed the loan.