beta
Text
1. As to KRW 30,00,000 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff the year from December 15, 2007 to August 13, 2015.
Reasons
1. The assertion and judgment
A. The Plaintiff’s lending of KRW 10 million to the Defendant on June 29, 2007, KRW 5 million on October 8, 2007, and KRW 5 million on December 14, 2007 is not a dispute between the parties. Therefore, the Defendant is liable to pay the Plaintiff the loan amounting to KRW 20 million and the damages for delay, barring any other special circumstances.
B. The plaintiff also asserted that he additionally lent KRW 20 million to the defendant on May 30, 2008, and the defendant asserts that the actual loan as of May 30, 2008 is KRW 10 million.
According to the evidence evidence No. 3, the defendant is deemed to have prepared a certificate of borrowing KRW 20 million at the interest rate of May 30, 2008, but in full view of the whole purport of the pleading in the witness's testimony, the defendant may be deemed to have borrowed KRW 10 million from the plaintiff on May 30, 2008 and the total amount of KRW 5 million on October 8, 2007 and KRW 5 million on December 14, 2007. Thus, the defendant is obligated to pay the plaintiff a loan of KRW 10 million on May 30, 2008 and delay damages.
C. Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff 30 million won and 20 million won out of the loans, 5% per annum as prescribed by the Civil Act from December 15, 2007 to August 13, 2015, which is the date the instant judgment is rendered, and 12% per annum as to the remaining KRW 10 million from May 31, 2008 to August 13, 2015, which is the date the instant judgment is rendered, and 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
2. In conclusion, the plaintiff's claim of this case is partially accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.