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1. The defendant shall pay 48,725,000 won to the plaintiff and 24% per annum from August 2, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. From around 2011 to the Plaintiff, the Defendant prepared and delivered a certificate of borrowing that “The Defendant borrowed KRW 86,00,000 from the Plaintiff and agreed on August 1, 2013 at the due date for repayment,” which read that “The Defendant borrowed KRW 86,00,000 from the Plaintiff and agreed on August 1, 2013” (the “certificate of borrowing” hereinafter referred to as the “certificate of borrowing of this case; hereinafter referred to as the “certificate of borrowing of this case”) to the Plaintiff from March 14, 2013, the interest on the instant borrowing of this case was set at 2% per month.
B. After that, the Defendant respectively borrowed KRW 37,00,000 from the Plaintiff on March 14, 2013 and KRW 10,000 on July 3, 2013, and paid KRW 30,000,000 to the Plaintiff on April 30, 2013 as the repayment of the instant loan, and KRW 54,275,000 on July 12, 2013 as the repayment of any other loan (i.e., KRW 50,00,000).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, it is reasonable to view the loan amount of this case as KRW 86,00,000,000, and other loan amounts of KRW 47,000 (= KRW 10,000,000), barring any special circumstance, the Defendant is obligated to pay the remainder of loan amount of KRW 48,725,00,000 (= the remainder of the loan amount of this case = KRW 56,00,000 (= KRW 86,00,000 - KRW 30,000) - Other excess repayment of loan amounts of KRW 7,275,00 (= KRW 54,275,000 - KRW 47,000,000), and damages for delay calculated at the rate of 24,208,000,000 following the loan amount of this case, as the Plaintiff seeks.
B. As to the Defendant’s assertion, the Defendant: (a) transferred KRW 50,000,000 among KRW 80,000,000 of the Plaintiff’s money kept in custody at the Plaintiff’s request to C; and (b) borrowed KRW 50,00,000 from the Plaintiff in total, KRW 80,000 plus interest of KRW 6,00,000,000, while the custody amount remains in place at the Plaintiff’s request; and (c) subsequently, the Defendant borrowed KRW 86,00,000 from the Plaintiff.