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1. As to KRW 34,967,956 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff the year from April 8, 2016 to August 11, 2016.
Reasons
1. Basic facts
A. On July 23, 2008, the Plaintiff obtained a loan of KRW 50,000,000 from the Nonghyup Bank (hereinafter “instant loan”) and paid to the Defendant.
B. The Defendant paid KRW 10,000,000 to the Plaintiff on April 16, 2009, KRW 10,000,000 on June 25, 2009, and KRW 10,000,000 on June 30, 2009, and KRW 14,000 on December 14, 2009, respectively, and remitted from April 2015 to December 10, 2005.
C. On March 22, 2010, the Plaintiff repaid 20,000,000 won of the loan principal of this case to the Nonghyup Bank, and 3,000,000 won of the remaining principal on January 27, 2016. The loan interest rate of the Plaintiff paid to the Nonghyup Bank by the final repayment date of the loan is KRW 10,40,145 in total.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings
2. Assertion and determination
A. A. The summary of the party's assertion 1) On July 2008, when the defendant lent money to the plaintiff while running a housing construction business, regardless of business losses, he would guarantee the principal and the bank's interest and make a dividend to the extent that the profit remains. The defendant transferred 50,000,000 won from the Nonghyup Bank on July 23, 2008. However, since the defendant paid 20,000,000 won as principal and part of the loan, he only paid 30,000 won as principal and interest of 5,710,630 won as principal and interest of 5,710,630 won as well as damages for delay, he shall be entitled to pay 50,000 won as principal and interest of 30,000 won as principal and interest of 5,710,630 won as well as damages for delay.
B. On June 25, 2009 and June 30, 200 of the same month, the Defendant paid KRW 20,000 to the Plaintiff. In addition to the aforementioned evidence and the purport of the entire pleadings, the said money appears to be principal repayment for KRW 50,00,00 that the Plaintiff received a loan from the Nonghyup Bank and paid to the Defendant, and the Defendant appears to have paid KRW 3,00,000 that the Defendant paid to the Plaintiff on April 16, 2009, KRW 1,00,000,000 that was paid to the Plaintiff on December 14, 2009 and KRW 10,000 that was remitted from April 2015 to December 2015.