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Reasons
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(영문) 광주지방법원 2020.01.09 2019가단13730
계금
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1. The Defendant’s KRW 67,826,786 and KRW 22,50,00 among them shall be from February 26, 2016 to January 9, 2020.

Reasons

1. Judgment on the claim for return of the amount paid in installments

A. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2 as to the cause of the claim, the defendant issued a statement to the plaintiff around May 25, 2015 that "I will pay to the plaintiff 2.5 million won per month, and if the plaintiff pays the fraternity, I will pay the plaintiff 40 million won per month plus interest of 6.6 million won." The plaintiff heard the defendant's horse from June 3, 2015 to January 26, 2016, and he paid 2.5 million won as the sum from June 3, 2015 to January 26, 2016. Since the operation of the fraternity is not well-grounded, the defendant can each recognize that the plaintiff failed to return the fraternity to the plaintiff.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff KRW 22.5 million and damages for delay.

B. The Defendant’s assertion asserts that, around December 25, 2015, the Plaintiff paid KRW 10 million in cash to the Plaintiff and returned KRW 10 million out of the fraternity payments to the Plaintiff.

In full view of the overall purport of the pleadings, evidence Nos. 5 and 6, the Defendant paid KRW 8 million to the Plaintiff in cash on December 25, 2015, and the Defendant borrowed KRW 3 million on June 20, 2015, and KRW 5 million on July 7, 2015 from the Plaintiff. Of the above KRW 8 million, the Defendant returned the money borrowed from the Plaintiff on June 20, 2015 and July 7, 2015, and the remainder of KRW 3 million was partially repaid to the Plaintiff on June 22, 2015. Accordingly, the Defendant’s assertion is rejected.

2. Determination on the part on the loan claim

A. According to the statement in Gap evidence Nos. 3 and 4 as to the cause of the claim and the defendant's defense of repayment, the plaintiff set the interest rate of July 1, 2015 at 2.5% per annum and lent KRW 48.5 million to the defendant. Unlike the defendant's assertion, the plaintiff paid KRW 17.5 million per annum on August 1, 2015, and KRW 20 million on September 1, 2015 and October 2, 2015, respectively.

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