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1. Defendant B’s KRW 53,070,450 as well as 5% per annum from January 1, 2013 to September 7, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. From November 2, 2011 to July 27, 2012, the Plaintiff leased and subrogated to Defendant B a total of KRW 66,070,450,000 as indicated in the attached Table 1, as shown in the attached Table 1. (Loan Nos. 1 to 5, loans, No. 6,000).
B. Defendant B was convicted on February 7, 2013 of the facts constituting the crime by acquiring the borrowed money from Nos. 1 through 5 of the above Table 1.
(Mayang District Court 2012 Highest 1476, etc.)(c)
Meanwhile, from November 30, 201 to July 9, 2012, Defendant B repaid to the Plaintiff a total of KRW 25,000,000 as the repayment terms of the above loan, as shown in attached Table 2, and among them, KRW 12,00,000 was appropriated as the repayment terms of interest, and the remainder of KRW 13,00,000 was appropriated as the repayment terms of principal.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, the purport of the whole pleadings
2. Determination as to the plaintiff's claim against the defendant B
A. According to the above facts finding as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff the amount of KRW 53,070,450 (=66,070,450-13,00,000) of the remaining loans, etc. and damages for delay calculated at the rate of 15% per annum as prescribed by the Civil Act from January 1, 2013 until September 7, 2017, the delivery date of a copy of the application for amendment of the final claim and the cause of the claim (i.e., September 1, 2017) as sought by the Plaintiff after the final repayment date.
(B) Defendant B is also liable for damages arising from illegal acts claimed by the Plaintiff on the above amount.
As to the Defendant B’s assertion, Defendant B asserts that the Plaintiff paid KRW 350,000,000 to the Plaintiff on June 2, 2012, and KRW 1,000,000 on July 9, 2012.
According to the statement in Eul evidence No. 1, Defendant B paid KRW 350,000,00 on June 2, 2012 and KRW 1,000,00 on July 9, 2012 is recognized.
However, according to the statements in Gap evidence Nos. 14 and 15, the plaintiff's starting life D.