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1. The Defendant shall pay to the Plaintiff KRW 60,950,000 and the interest rate of KRW 15% per annum from January 14, 2016 to the day of complete payment.
Reasons
1. Determination on the loan claim around July 2003
A. The plaintiff asserts that around July 2003, the plaintiff lent 4 million won to the defendant without fixing the period of repayment, and the defendant did not borrow 4 million won from the plaintiff around July 2003.
In full view of the following circumstances, the Plaintiff’s lending KRW 4 million to the Defendant around July 2003, in full view of the statement No. 2 of the evidence No. 2 and the purport of the entire pleadings.
① Around July 2003, the Plaintiff asserted that, upon receiving a request for a loan from the Defendant on the grounds that he/she was used in relation to C operated by the Defendant, the Plaintiff lent money to the Defendant.
② 원고가 2014. 8. 14. 피고에게 “제가 융통해 드린 돈 제 어머니 돈이었습니다 4000만 원이 간 것은 2003년입니다. 11년 되었습니다”라는 취지의 메시지를 보냈는데, 피고는 원고에게 같은 날 “네 마음과 말과 사실 다 알고 있어. 그래서 마음 아프고 한 없이 미안한 거야, 할 수 있는데 안하는 거면 내가 천벌을 받을 거다 알아 무슨 말인지 그저 미안할 뿐이다”라는 취지의 메시지를, 같은 달 24. “아우님의 후의를 잊지 않을 겁니다. 처음엔 C, 두 번짼 D에 투자되어 어려운 고비를 넘겼지만 ”이라는 취지의 메시지를 각 보냈다.
Therefore, the defendant is obligated to pay the plaintiff the above loan amounting to 4 million won and damages for delay.
B. The defendant's defense and the plaintiff's defense 1's defense - the defendant, even if the defendant borrowed the above 4 million won from the plaintiff, defense that the above loan claim of the plaintiff expired by the prescription.
In this case, the plaintiff was the plaintiff at the time of lending the above 4 million won to the defendant, and the plaintiff was the plaintiff, and 10 years from July 2003, the lease date.