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1. The Defendant: 150,000,000 won to the Plaintiff, and 5% per annum from August 1, 2015 to October 13, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On June 5, 2015, the Defendant: (a) upon receiving a request from the Plaintiff that “A shall repay the Defendant’s debt for the borrowed loan amount of KRW 200,000,000 to the Plaintiff; (b) paid KRW 100,000 to the Plaintiff on June 11, 2015; (c) paid KRW 100,000 to the Plaintiff at the end of July 2015; and (d) paid KRW 50,000,000 to the Plaintiff on June 11, 2015.
B. Meanwhile, on June 19, 2015, KRW 30,000 as the deposit account in the Plaintiff’s name on June 19, 2015, KRW 20,000 as the deposit account in the Plaintiff’s name on July 1, 2015, and KRW 50,000,000 as the deposit account in the Plaintiff’s name on September 1, 2015, which is the Plaintiff’s birth.
【In the absence of dispute over the grounds for recognition, Gap’s evidence 1, Gap’s evidence 2, Gap’s evidence 15-2, Eul’s evidence 3-1 through 3, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the unpaid amount of KRW 150,000,000 (=200,000 - 50,000) and damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from August 1, 2015 to October 13, 2015, the delivery date of the copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment, unless there are special circumstances.
3. The defendant's assertion argues that, upon D's request, since the defendant offered four parcels of land, such as land G in Jeju City owned by the defendant as collateral and borrowed money from Co., Ltd. E to deposit KRW 100,000 in total from the deposit account in the name of the plaintiff or F, the defendant asserts that the unpaid contract amount that the defendant shall pay to the plaintiff is KRW 150,000,000, not KRW 50,000,000, not KRW 150,000.
However, the witness D's testimony corresponding to this shall be as follows: Gap evidence 7, Gap evidence 8, Gap evidence 13, Gap evidence 15-2, 3, Eul evidence 2-1 to 4.