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1. The Plaintiff:
A. As to KRW 73,646,00 and KRW 33,000 among Defendant B, Defendant B shall be from December 4, 2018 to May 31, 2019.
Reasons
1. Determination as to the claim against the defendant B
A. The plaintiff to determine the cause of the claim is as shown in attached Form 1, and ① from June 3, 1993 to the defendant B.
9. The fact that until May 24, 200 won was leased under the condition that interest shall be paid in KRW 150,000 per month, ② the loan was made under the condition that interest shall be paid in KRW 130,000 per month on May 7, 2002; ③ the loan was made under the condition that interest shall be paid in KRW 50,000 per month on December 9, 2002; ④ the fact that the loan was made without interest agreement between the parties, and the fact that the Defendant B repaid part of the loan was made under the condition that it was paid in KRW 50,000 per month as shown in attached Table 1.
Therefore, barring special circumstances, Defendant B is obligated to pay the Plaintiff a total of KRW 40,646,00 per annum and KRW 40,646,00 per annum, and KRW 33,00 per annum from December 4, 2018, the day following the delivery date of a copy of the instant complaint, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3(1) of the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019; effective June 1, 2019); and Article 2(2) of the Addenda of the same Act, 15% per annum from the next day until May 31, 2019; and 12% per annum from the day after full payment date.
B. Defendant B asserted that, around July 2010, Defendant B exempted the interest between the Plaintiff and the Plaintiff, and agreed to pay 10,000 won per month the principal in installments. From July 15, 2010 to October 11, 2016, Defendant B paid 23 million won as principal.
According to the evidence No. 6, it is recognized that Defendant B sent on August 30, 2016 the phrase that Defendant B would repay the principal to the Plaintiff and send the principal to the Plaintiff as well as interest. In light of the above, the witness D’s testimony that seems consistent with Defendant B’s assertion is good trust.