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1. The Defendant’s KRW 77,700,000 as well as the Plaintiff’s annual rate of KRW 5% from October 22, 2016 to October 13, 2017.
Reasons
1. Determination as to the cause of claim
A. Determination as to the existence of a loan claim may be recognized by means of a check and account transfer, etc. as follows: (a) the Plaintiff paid KRW 5 million on January 11, 2008; (b) KRW 10 million on February 4, 2008; (c) KRW 95 million on March 13, 2008; (d) KRW 70 million on April 27, 2008; and (e) KRW 30 million on September 30, 2008; or (e) the fact that the Plaintiff paid to the Defendant according to the purport of each entry and all pleadings set forth in subparagraphs A through 7.
Although disputes arise between the parties as to whether the above amount of payment is a loan or an investment loan, it is reasonable to view that the above amount of payment is a loan to the plaintiff. Ultimately, the defendant is obligated to return the above total amount of payment to the plaintiff (including KRW 21 million, KRW 5 million, KRW 95 million, KRW 70 million, KRW 3 million,000,000, KRW 700,000,000) to the plaintiff, barring special circumstances, in light of the following circumstances: (a) the defendant transferred a certain amount to the plaintiff from July 2, 2008, near each of the above payment dates; (b) the defendant asserts that the above amount of payment is the amount of payment to the plaintiff; and (c) the record (Evidence No. 8) submitted by the plaintiff is that the defendant would be paid to the plaintiff.
B. In determining the existence of interest and damages for delay claims, the Plaintiff claimed for the payment of damages for delay from October 1, 2009 (at the time one year has elapsed since the last lease date) with respect to the loan claim as seen earlier.
However, there is no evidence that the plaintiff and the defendant agreed to pay the above time, and there is no evidence that the plaintiff requested the defendant to return the loan at the above time.
Ultimately, the Plaintiff’s loan claims are deemed to be claims with no fixed maturity period, and the Plaintiff issued a peremptory notice to the Defendant.