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1. The Defendant shall pay to the Plaintiff KRW 14,50,000 as well as KRW 8,500,00 among them, from January 1, 2009 to April 28, 2015.
Reasons
1. Basic facts are as follows: ① on November 23, 2004, the Plaintiff loaned KRW 30,000,000 to the Defendant on December 23, 2004 with the maturity of KRW 1% per interest month; ② on July 6, 2006, the Plaintiff lent KRW 6,000,000 to the Defendant without the maturity of payment due date may be recognized by the entries in the evidence Nos. 1 and 2. The Plaintiff received KRW 21,50,000 from the Defendant as the principal of the loan in cash or in kind as follows.
On January 16, 2005, remittance of 500,000 remittance on June 29, 2007, June 29, 2007; 3,000,000,000 on December 33, 2007; 2,000,000 on April 8, 2006; 3,00,000,000 on April 1, 2008; 1, 2005; 1.3,00,000,000 on April 1, 200; 1, 2005; 1,000; 1,00,000 on October 3, 20, 200, 200; 1,50,000,000 on December 1, 120, 200, 2000; 1,0000, 1,0000;
2. Determination
A. According to the above facts finding as to the cause of the claim, the plaintiff requested the performance of the above loan obligations by the lawsuit in this case. The plaintiff's performance period is deemed to have arrived at that time, and the above (1), 21,500,000 won out of the loan obligations that the defendant discharged by the defendant is due under Article 477 (2) of the Civil Act and the interest agreement is reached pursuant to Article 477 (2) of the Civil Act, and the defendant's repayment profit is greater than the above (i) loan's repayment profit is appropriated for the above (i) loan's repayment profit. Thus, the defendant is obligated to pay to the plaintiff the amount of KRW 14,50,000 [1] loan's balance amount of KRW 8,50,000 (= KRW 30,500,000 - KRW 21,50,000) and damages for delay as to the loan's amount of KRW 8,
(2) The plaintiff asserts that there is a 1% interest agreement for the loan obligations, but there is no evidence to acknowledge it. (b)
On January 13, 2005, the part of the defendant remitted to the account in the name of 1 C as to the defendant's defense of repayment.