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1. The Defendant: (a) KRW 105,00,000 for the Plaintiff and KRW 20% per annum from September 25, 2015 to September 30, 2015; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff respectively lent KRW 10 million to the Defendant on December 12, 2014, and KRW 15 million on November 28, 2014.
B. On May 13, 2014, the Plaintiff: (a) registered the establishment of a mortgage over the Defendant’s share among the land and the building on the Eunpyeong-gu Seoul Special Metropolitan City, the maximum debt amount of which is KRW 40 million; and (b) on March 24, 2015, the Plaintiff registered the establishment of a mortgage over the Defendant’s share of the Defendant’s share of the land and the building on the land owned by the Defendant.
C. On April 17, 2015, the Defendant repaid the Plaintiff KRW 40 million.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 3 and 4 (including additional number), the purport of the whole pleadings
2. The Plaintiff asserts that, in addition to the above loans, the Defendant is obliged to repay the total of KRW 150 million, since the Plaintiff lent each of the above loans to the Defendant as well as KRW 40 million on May 12, 2014, and KRW 20 million on June 12, 2015.
As to this, the defendant did not borrow KRW 40 million from the plaintiff on May 12, 2014. However, on May 14, 2014, the defendant borrowed KRW 30 million from the plaintiff and repaid it, and on June 12, 2015, borrowed KRW 18.5 million from the plaintiff. Thus, the defendant asserts that the remaining loan is merely KRW 33.5 million.
3. In light of the evidence as seen earlier, Gap evidence No. 1 and evidence Nos. 4 through 25, and the following circumstances acknowledged by the purport of the entire arguments, the plaintiff may be deemed to have lent a total of KRW 15 million to the defendant. As such, the defendant shall, upon the plaintiff's request, promote litigation from the next day of September 25, 2015 to September 30, 2015, the delivery date of a copy of the complaint of this case; Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) to the day of complete payment.