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1. The Defendant’s KRW 4,971,971 and the Plaintiff’s 5% per annum from May 22, 2009 to December 16, 2016, and the following.
Reasons
1. Summary of the parties' arguments;
A. The Plaintiff was repaid money to the Defendant since 2002.
As regards the money loaned after February 5, 2004, the remaining principal and interest of the loan was set at KRW 50,000,000 on or around February 16, 2007.
(The Plaintiff’s interest was continuously modified, and finally asserted as above). The Plaintiff received dividends of KRW 7,196,273 through the distribution procedure on May 21, 2009, and thus, sought the remainder of KRW 42,803,727 (50,000,000 - 7,196,273) and damages for delay.
B. The Defendant’s total amount of loans from the Plaintiff from around 2002 to February 16, 2007 was approximately KRW 50,000,000, which was fully repaid.
2. Determination
A. In full view of the whole entries and arguments in Gap evidence Nos. 3 and 7 (including a serial number) and the whole purport of the argument as to the cause of the claim (the plaintiff is a person who received the full repayment of the loan before February 5, 2004, and the defendant also claims it as to the transaction from February 5, 2004, since there is no dispute between the parties, it shall be judged only as to the transaction from February 5, 2004) as requested by the plaintiff, the plaintiff is obligated to pay the defendant damages for delay calculated at a rate of 5% per annum under the Civil Act from the following day of each loan and each of the above loans to the plaintiff, unless there are special circumstances.
The Plaintiff claimed that each of the above loans was paid interest calculated at 3% per month, and that the amount calculated by deducting interest on each of the three months, four months, and three point five months was deducted. However, even according to the Plaintiff’s assertion, the Plaintiff’s lending of the same amount did not specify and, as seen thereafter, the amount that the Defendant paid to the Plaintiff is inconsistent with the Plaintiff’s assertion.