1. The Defendant’s KRW 45,00,000 and the Plaintiff’s annual rate of KRW 5% from May 28, 2017 to June 18, 2019.

1. On May 12, 2017, the Plaintiff asserted that he/she leased KRW 50 million to the Defendant by setting the due date after 15 days from the date of lending, and received a refund of KRW 5 million thereafter.

In addition, on November 9, 2016, the Plaintiff determined the due date for repayment 15 days after the date of the lending, lent KRW 15 million to C and received a refund of KRW 5 million. The Defendant decided to jointly pay the due date.

(or) On November 9, 2016, the Plaintiff lent KRW 15 million to the Defendant and C, and received reimbursement of KRW 5 million from the Defendant on January 13, 2017. Therefore, the Defendant is obligated to pay to the Plaintiff a total of KRW 5 million (=50 million - KRW 15 million - five million) and delay damages.

2. There is no dispute that the Plaintiff lent KRW 50 million to the Defendant on May 12, 2017.

However, on November 9, 2016, the Plaintiff decided to jointly repay the amount of KRW 15 million that the Plaintiff lent to C on November 9, 2016

As to whether or not the plaintiff lent the above money to the defendant as well as C, the part under the defendant's name among the evidence No. 2 cannot be used as evidence because there is no evidence to prove the authenticity, and the statement No. 5 and No. 6 (including the serial number) alone is insufficient to recognize the plaintiff's assertion, and there is no other evidence to acknowledge it.

Therefore, we cannot accept this part of the plaintiff's assertion.

Therefore, the Defendant is obligated to pay to the Plaintiff 45 million won (=50 million won - five million won) and to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from May 28, 2017 to June 18, 2019, the delivery date of the original copy of the instant payment order, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

Whether statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is applied in a combined lawsuit shall be separately determined for each subject matter of lawsuit.

(See Supreme Court Decision 2012Da60954 Decided December 27, 2012).3.