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1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 11, 2014 to December 22, 2015.
Reasons
1. In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff loaned KRW 25 million to the Defendant on November 7, 201 (hereinafter “instant loan”), and the Defendant may, upon the Plaintiff’s request, recognize each of the facts that the Plaintiff did not repay the instant loan to the Plaintiff, notwithstanding the Plaintiff’s failure to do so.
The Plaintiff asserted that the Defendant agreed to pay the instant loan in five million won from January 7, 2012, and that the Defendant denied it. Therefore, even if considering all the evidence submitted by the Plaintiff as to the existence of an agreement on the repayment period as alleged by the Plaintiff, it is insufficient to accept it, and there is no other evidence.
The evidence No. 1 is merely that the Defendant borrowed the instant loan from the Plaintiff to Nonparty C, and that C would pay the Defendant the sum of KRW 25 million from January 7, 2012 to KRW 5 million, and it cannot be proven that the Defendant agreed on the repayment period of the instant loan to the Plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff 25,00,000 won with compensation for delay at each rate of 5% per annum under the Civil Act from June 11, 2014, which is the day following the day when the original copy of the payment order of this case was served on the plaintiff, to December 22, 2015, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day until the day when the defendant delivered the original copy of the payment order of this case.
2. Judgment on the defendant's defense
A. At the time of the instant loan loan between the Plaintiff, the Defendant, and Nonparty D, the gist of the defense of the Defendant, that is, the agreement between D to pay KRW 25 million to the Plaintiff and the Plaintiff to exempt the Defendant from the repayment of the instant loan. As such, the Defendant agreed to assume an obligation with the duty of exemption.