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1. The Defendant’s KRW 25,500,000 and the Plaintiff’s annual rate of KRW 5% from February 20, 2014 to November 24, 2014.
Reasons
1. The Plaintiff, on May 15, 2006, remitted to the Defendant the basic facts amounting to KRW 15 million on August 23, 2007, was additionally remitted to the Defendant on August 23, 2007, but did not seek payment therefor.
The fact that the Defendant remitted to the Plaintiff the sum of KRW 11.5 million over five occasions between September 26, 2011 and February 19, 2014 is either a dispute between the parties, or recognized through the purport of the entire arguments and evidence Nos. 1, 2, and 2.
2. The plaintiff asserts that he lent the above 37 million won to the defendant, while the defendant asserts that he borrowed the above 37 million won to the defendant.
3. Determination
A. In light of the following circumstances revealed through the purport of the above facts of recognition and the entire pleadings, namely, the Plaintiff remitted the above KRW 37 million to the Defendant’s account, and then the Defendant repaid the above KRW 11.5 million on its account, it is reasonable to deem that the above KRW 37 million was the Defendant’s borrowed money.
Although the defendant asserted that the borrower is C and submitted No. 1 No. 1, the above records alone are insufficient to reverse the above facts of recognition and to admit the defendant's assertion, and there is no evidence to support that the above 37 million won was borrowed by C.
B. Therefore, the Defendant, as a borrower, calculated as the borrower, the amount of KRW 25 million (i.e., the amount of outstanding loan - KRW 37 million - 1.5 million) from February 20, 2014 (the due date arrives around September 20, 201, for which the Plaintiff urged the Defendant to pay the above loan, and the Defendant’s delayed liability is likely to occur) from February 20, 2014, which is the day following the final repayment date, as requested by the Plaintiff, until February 20, 2014, the delivery date of a duplicate of the complaint of this case, and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day until the day of complete payment.