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1. The Defendant: (a) KRW 69,400,000 for the Plaintiff and the Plaintiff’s KRW 5% per annum from January 1, 2019 to May 7, 2019; and (b) May 8, 2019.
Reasons
1. Facts of recognition;
A. From August 2016 to June 2018, the Plaintiff lent a total of KRW 83,970,000 to the Defendant as cash and card loan.
B. On May 23, 2018, the Defendant prepared and issued to the Plaintiff a loan certificate stating that “The Plaintiff would borrow KRW 83,970,000 from the Plaintiff, and would make reimbursement by December 2018.”
C. The Plaintiff received KRW 4,00,000 from the Defendant on September 10, 2018, and KRW 3,000,000 on November 26, 2018, and KRW 2,50,000 on April 24, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 69,40,000 won and damages for delay, which are the remaining loans that the plaintiff sought while receiving a partial repayment of the loan, to the plaintiff, unless there are special circumstances.
In regard to this, the Defendant alleged that the remaining loans amounted to KRW 30,000,00, considering the cost of transfer, travel expenses, and gifts given to the Plaintiff, etc., paid by the Plaintiff and the two-year persons having close relationship with the Plaintiff, and there is no evidence to prove the above assertion, and thus, the Defendant’s above assertion cannot be accepted.
Therefore, the Defendant is obligated to pay to the Plaintiff 69,40,000 won and the amount equivalent thereto at the rate of 5% per annum as stipulated in the Civil Act from January 1, 2019 to May 7, 2019, the delivery date of a copy of the complaint of this case, and 12% per annum as stipulated in the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019 and enforced from June 1, 2019) and Article 2 (2) of the Addenda from May 8, 2019 to May 31, 2019; and damages for delay calculated at the rate of 15% per annum as calculated from the next day to the day of complete payment.
The part of the plaintiff's claim for damages for delay which is about 15% per annum after June 1, 2019 is accepted.