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1. The defendant shall pay 92,00,000 won to the plaintiff and 22.89% per annum from January 1, 2012 to the day of complete payment.
Reasons
1. In full view of the facts that there is no dispute as to the cause of the claim, and the purport of the entire pleadings in Gap evidence Nos. 1 and 2, the plaintiff extended a total of KRW 92,000,000 to the defendant from May 25, 2007 to January 22, 2008 as shown in the following table (hereinafter referred to as the "loan of this case") and the plaintiff again agreed to pay interest on the loan of this case to the defendant and the defendant at KRW 1,75,000 per month around May 2008. The plaintiff received interest on the loan of this case from the defendant by December 2, 201.
1. The Plaintiff is obligated to pay the loan amount of KRW 92.89% per annum (30,000,000 on May 25, 2007, KRW 300,000 on May 28, 2007, KRW 1,200,000 on July 12, 2007, KRW 1,200,000 on April 22, 2008, KRW 340,000 on January 22, 2008, and the Defendant is obligated to pay the loan of this case of KRW 92,00,000,000 and interest thereon from January 1, 201 to the date of full payment x 22.89% per annum (340,000,000 on January 1, 200, KRW 200 on July 12, 200).
In addition, the plaintiff asserts that he additionally lent 20,000,000 won interest to the defendant around 2009 to the defendant as KRW 400,000 per month. However, it is not sufficient to recognize it solely with the entries of evidence No. 3, and witness C’s testimony, and there is no other evidence to acknowledge it otherwise.
Therefore, we cannot accept this part of the plaintiff's argument.
2. As to the Defendant’s assertion, the Defendant asserts that, as the birthee C has exempted the Plaintiff from the obligation of the instant loan, the Defendant is not liable for the repayment thereof.
The testimony of the witness C, which corresponds to the above argument by the defendant, is difficult to believe in light of the statement of the evidence No. 3, etc., and C, on behalf of the defendant, from August 2009 to March 2010, part of the interest on the instant loan, and from April 2010 to December 201, the entire interest on the instant loan was paid to the plaintiff.