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1. Of the judgment of the court of first instance, the amount of money ordered to be paid below with respect to the claim for loans of KRW 2,410,000.
Reasons
1. Basic facts
A. On November 2005, the Plaintiff loaned KRW 2.410,000 to the Defendant on December 10, 2005.
B. Around November 28, 2005, the Plaintiff leased KRW 3 million to the Defendant on January 3, 2006.
C. The Plaintiff determined and lent KRW 3 million to the Defendant on March 30, 2006.
[Judgment of the court below] Evidence Nos. 1 and 2
2. According to the above facts finding as to the Plaintiff’s cause of action, the Defendant is obligated to pay to the Plaintiff the loan amount of KRW 8.1 million (i.e., KRW 2.., KRW 3 million) and KRW 2.1 million among the loan amounts of KRW 2.4 million from December 17, 2013 to December 19, 2014, which is clearly indicated as the date following the service of the certified copy of the decision on performance recommendation of this case, and that the Defendant’s objection as to the existence and scope of the obligation is reasonable until December 19, 2014; 5% per annum of 20% per annum under the Civil Act from the next day to the date of full payment; 6 million from the next day to the date of full payment; and 0% per annum from the date of the last payment following the due date to the date of the repayment of the remainder of the loan amount of KRW 3.1 million to the date of the delivery of the copy of the complaint of this case; and 15% per annum from the next day after December 16, respectively.
The Plaintiff claimed damages for delay from March 31, 2006 for the borrowed amount of KRW 2.410,000, but there is no evidence to prove that the due date has been fixed for the borrowed amount. Furthermore, the Plaintiff asserted to the effect that the Defendant filed a claim for the repayment of the borrowed amount by sending a certificate of content as of January 24, 2014. However, it is insufficient to recognize that the Plaintiff’s claim for the repayment of the borrowed amount of KRW 2.410,00,000 was delivered to the Defendant, and there is no other evidence to prove otherwise, the Plaintiff’s claim for this portion is within the scope of recognition.