beta
Text
1. The defendant shall pay 850,000,000 won to the plaintiff and 15% per annum from July 20, 2018 to the day of complete payment.
Reasons
1. In full view of the facts stated in Gap's evidence Nos. 1, 4, and 5 as to the cause of the claim, and the purport of Eul's testimony and the entire pleadings, the plaintiff lent KRW 900,000 to the defendant on January 17, 2009. The defendant paid KRW 50,000,000 to the plaintiff on June 28, 2013 is the plaintiff.
According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 850,00,000 (i.e., KRW 900,000 - KRW 50,000,000 - 50,000) and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from July 20, 2018 to the date of full payment with a considerable period of time after the Plaintiff’s delivery of a copy of the complaint of this case ( February 21, 2018).
2. Judgment on the defendant's assertion
A. The Defendant asserts that ① the sum of KRW 33,155,00, 333,155,000, as stated in the annex Nos. 119 through 181, should be repaid out of the remaining loan obligations of this case, and ② the sum of KRW 1 through 181, 753,147,73, should be returned from the Plaintiff, and thus, should be deducted from the remaining loan obligations of this case.
B. The following facts or circumstances revealed by the Defendant comprehensively considering the testimony and overall purport of arguments by the witnesses listed in the evidence Nos. 2, 3, 4, and 6, namely, ① to April 21, 2011, and June 20, 2013 (Attached Nos. 93 through 117) shall be paid to the Plaintiff an amount equivalent to KRW 5,00,000 each month, and as seen earlier, the amount of KRW 5,50 million from June 28, 2013 to May 21, 2018 (Attached Nos. 119 to 119 through 181) shall be paid to the Plaintiff during the period from July 19, 2013 to May 21, 2018 (attached Form 119 to 181). ② The Plaintiff’s children, including the Defendant, have leased money to the Plaintiff without compensation, and ③ the Plaintiff has paid interest during the year 2008.