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1. The Defendant’s KRW 225,325,458 as well as 5% per annum from June 26, 2018 to April 23, 2020 as to the Plaintiff.
Reasons
1. Basic facts
A. The defendant is the plaintiff's friendship.
B. On June 5, 2008, the Plaintiff borrowed 170,000,000 won as collateral for the land and its ground house owned by the Plaintiff from the C Association (hereinafter “instant loan”). On the same day, the Plaintiff transferred the entire amount of the instant loan to the account in the name of the Defendant on the same day.
C. The Defendant paid interest on the instant loan from June 5, 2008 to March 4, 2010 by means of remitting money equivalent to the interest on the instant loan to the Plaintiff’s account.
Since then, the Plaintiff directly paid KRW 5,325,458, total interest on the instant loan to C Cooperatives from March 5, 2010 to July 17, 2015, and paid KRW 170,000,000 on June 30, 2015 and July 17, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 2 and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. On June 5, 2008, the Plaintiff lent the instant loan to the Defendant on the same day without having agreed upon a separate due date and interest on the same day. In the event that the Plaintiff claims the repayment of the instant loan from the C Association, the Defendant immediately repaid the loan, and the interest that the Plaintiff is liable to pay to the C Association was agreed to be paid by the Defendant.
Nevertheless, the Defendant’s failure to implement the above agreement, and the Plaintiff paid 170,000,000,000 and interest thereon to 55,325,458,000,000,000,000,000 won, and the Defendant is obligated to pay to the Plaintiff 225,325,458 (i.e., KRW 170,000,000) and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from July 18, 2015 to the delivery date of a copy of the complaint of this case from the next day to the day of complete payment, to the day of complete payment.