beta
Text
1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from February 9, 2017 to the date of complete payment.
Reasons
1. Determination on the cause of the claim
A. In full view of the purport of the entire pleadings, the Plaintiff’s loans KRW 10,00,000 on April 25, 2014, ② KRW 30,000 on January 19, 2015, ③ KRW 10,000 on February 2, 2016, ④ KRW 71,000,000 on February 24, 2016, respectively, to the Defendant, without dispute between the parties, or comprehensively taking account of the purport of the entire pleadings in the evidence evidence evidence evidence Nos. 1 through 6 (including branch numbers).
Meanwhile, on the other hand, the Plaintiff: (a) paid KRW 5,964,474 on April 19, 2016, KRW 7,266,00 on May 18, 2016; (b) KRW 3,724,00 on June 21, 2016; (c) KRW 4,340,036 on July 19, 2016; (d) KRW 4,518,983 on October 5, 2016; and (e) paid KRW 2,70,000 on November 29, 2016; and (e) paid KRW 120,00,00 on a loan to the Plaintiff.
B. According to the above facts, the defendant is obligated to pay to the plaintiff 120,000,000 won with 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 9, 2017 to the day of full payment after the service of the original copy of the instant payment order to the plaintiff.
2. Judgment on the defendant's assertion
A. Defendant’s assertion 1) The Defendant transferred the Plaintiff’s debt of KRW 30,00,000 as loans on April 25, 2014, and KRW 30,000 as loans on January 29, 2015, and KRW 30,000 as loans on January 29, 2015. 2) In the case of KRW 71,000,000 as loans on February 24, 2016, the Defendant did not borrow the said money from the Plaintiff.
Rather, the plaintiff requested the defendant to purchase the truck to operate the trucking transport business, and the defendant purchased the relevant truck (vehicle No. D) and received the plaintiff's instructions and operated the trucking transport business.
B. 1) First of all, it is insufficient to recognize that the Defendant’s first argument was extinguished by payment in kind with loans of KRW 30,000,000 on April 25, 2014 only with the evidence submitted by the Defendant, and the balance of the loans of KRW 30,000,000 on January 29, 2015, and the remainder of the obligations of KRW 30,000 on January 29, 2015, and there is no other evidence to prove otherwise.