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1. The Defendant’s KRW 25,00,000 and the Plaintiff’s annual rate of KRW 5% from September 22, 2015 to December 16, 2016.
Reasons
1. Determination as to loan claims
A. In light of the fact that there is no dispute over the Plaintiff’s cause of claim, the Plaintiff borrowed KRW 26,800,000 to the Defendant, including the sum of KRW 3,80,000,00,00 from February 28, 2013 to March 1, 2012, according to the overall purport of the pleadings and evidence Nos. 1, 2, 1, 2, 2, 2, 2, 2, 3, 3, 28, 200, and 3,800,000 from February 28, 2013 to March 3, 2013.
On October 27, 2014, the Defendant concluded an agreement with the Plaintiff to settle the balance obtained by subtracting a partial repayment from the above loans and to repay KRW 25,000,000.
According to the above facts, the defendant is obligated to pay the plaintiff the above 25,000,000 won and damages for delay.
B. As to the Defendant’s assertion, the Defendant asserts that ① the above loan was paid in full by the Defendant with the insurance premium paid in full for the insurance contract concluded by the Plaintiff, and ② the above loan was paid with interest of KRW 250,000,000 in addition to the interest of KRW 250,000 per month, and repaid the principal of KRW 4,00,000 on November 26, 2013, and ③ the above loan was fully paid in full during the second half of 2013, and ④ the above loan was paid with KRW 3,00,000 on July 22, 2013.
In addition, the defendant asserts that the amount of debt to be repaid after the repayment of the settlement amount of KRW 25,000,000 under the agreement of October 27, 2014 remains 10,000.
Examining the Defendant’s assertion of repayment of loans from the above ① to the instant ①, it is recognized that the said money has not been repaid until it was made by the Defendant’s agreement dated October 27, 2014.
In addition, according to the items of evidence Nos. 1 through 6 and the purport of the whole pleadings, it is recognized that the defendant has transferred money to the plaintiff several times until July 15, 2015. Meanwhile, the plaintiff and the defendant have been engaged in money transactions from time to time, and the defendant has lent the plaintiff's credit card and used the money.