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1. The defendant shall pay to the plaintiff KRW 70,00,000 as well as KRW 65,00,000 among them, from February 4, 2018 to the date of full payment.
Reasons
1. The part demanding a loan;
(a) Description of claims: A request for a loan of KRW 65,00,000 on or around March 5, 2016;
A judgment by public notice: Article 208(3)3 of the Civil Procedure Act
C. Sub-committee theory: The Defendant is obligated to pay the Plaintiff the amount of KRW 65,00,000,000 and the damages for delay calculated at the rate of 15% per annum from February 4, 2018 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.
2. Part of the claim for consolation money;
A. The primary claim is the primary claim, and the defendant's assault, etc. sought compensation for consolation money on the premise that the deceased C, who is the mother of the plaintiff, caused suicide.
However, each statement of Gap evidence Nos. 1 through 12 is insufficient to recognize that the deceased C reached suicide due to the defendant's assault, etc., and there is no other evidence to acknowledge it.
Therefore, we cannot accept the plaintiff's primary claim.
B. According to the evidence Nos. 3, 4, 6-9 of the conjunctive Claim Nos. 3, 4, 6-9, the Defendant recognized that he assaulted the Plaintiff’s mother on or around November 9, 2016. As such, the Defendant is obligated to compensate the Plaintiff for mental damage suffered by the deceased C due to the said tort, and considering the various circumstances, it is reasonable to determine the amount of consolation money as KRW 5,00,000.
Therefore, the defendant is obligated to pay to the plaintiff 5,00,000 consolation money and damages for delay calculated by the ratio of 5% per annum from February 4, 2018, the day following the delivery day of a copy of the complaint of this case to May 9, 2018, which is the date of this decision, and 15% per annum from the next day to the day of full payment.
3. Conclusion: 15% per annum from February 4, 2018 to the date of full payment; 5,000,000 won per annum from February 4, 2018 to the date of full payment; 5% per annum from February 4, 2018 to May 9, 2018 to the date of full payment; and 15% per annum from the following day to the date of full payment.