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Defendant B’s KRW 47,00,000 as well as 5% per annum from July 1, 2016 to February 19, 2020, respectively, to the Plaintiff.
Reasons
Basic Facts
The plaintiff is the deceased relationship of the defendant B, and the defendant C is the husband of the defendant B who is the arnae of the defendant B.
On May 29, 2015, the Plaintiff, upon Defendant B’s request for a loan of business funds, set the maturity of KRW 47,000,000 as 3% on June 30, 2016 and the interest rate of KRW 3%.
[Ground of recognition] According to the facts without dispute, Gap evidence Nos. 1 (including branch numbers if there are branch numbers; hereinafter the same shall apply), and the above facts of recognition as to the ground of claim as to the claim against defendant B as to the whole purport of the pleading, the defendant B is obligated to pay the plaintiff the loan of KRW 47,000,000 and damages for delay, unless there are special circumstances.
Defendant B’s assertion argues that Defendant B paid KRW 21,855,000 to the above loan.
According to the evidence No. 2, Defendant B’s payment of KRW 21,855,00 (= KRW 17,205,000) to the Plaintiff’s deposit account in the name of D as follows (= KRW 17,205,00).
E according to the E DF AD D D but A evidence Nos. 3, the Plaintiff’s assertion that the loans were appropriated to Defendant B on October 2, 2014, 8,000,000 won prior to the above lending date, and KRW 5,00,000 on October 16, 2014, KRW 3,600,000 on November 12, 2014, and KRW 9,600,000 on November 17, 2014, KRW 00,000, KRW 00,000 on December 16, 2014, KRW 00, KRW 1,70,000 on February 15, 2015, KRW 00, KRW 70,000 on March 27, 2015, KRW 10,000 on May 16, 2005, KRW 2005.
Therefore, the conclusion of the lawsuit is that Defendant B is the delivery date of a copy of the complaint of this case from July 1, 2016 to July 19, 2020, which is clear that Defendant B is the repayment date of the loan 47,000,000 won to the Plaintiff, calculated at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.