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1. As to the Plaintiff KRW 35,800,000 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 5,000,000 from February 5, 2018.
Reasons
1. Facts of recognition;
A. On December 5, 2011, the Plaintiff set KRW 20,000,000 to the Defendant as interest rate of KRW 2% per month.
B. On April 10, 2012, the Plaintiff lent KRW 5,000,00 to the Defendant.
(C) The amount of KRW 5,00,000 paid as Dobdob expenses on August 20, 201 and KRW 1,500,000 on August 21, 2012, compared to KRW 700,000 on August 21, 2012, is remarkably excessive in terms of Dobbb expenses. contrary thereto, Eul 3 is not trustable).
The Defendant paid KRW 8,800,000,000 to the Plaintiff (C’s bank account) for the aggregate of KRW 400,000 per month from January 11, 2012 to December 12, 2013, and paid KRW 10,00,000 on December 29, 2017.
Each of these money was appropriated for payment of KRW 29,60,000 [20,000 x 2% x 74 months (from December 5, 2011 to February 5, 2018] with interest on loans of KRW 20,000,000 on December 5, 2011. The interest accrued until February 5, 2015 remains KRW 10,800,000. [No dispute over recognized evidence exists, Party A1 through 8, Party B1, 2, and the purport of the entire pleadings.]
2. Determination
A. According to the facts of the above recognition of the borrowed amount, the Defendant is obligated to pay to the Plaintiff the principal and interest of the borrowed amount of KRW 35,800,000 ( KRW 5,000,000,000) and interest or delay damages of KRW 25,00,000 among them, barring special circumstances.
B. The Defendant’s defense for repayment asserts that the Plaintiff paid KRW 18,800,000 out of the borrowed amount of KRW 20,000,000 on December 5, 201.
As seen earlier, 18,800,000 won paid by the Defendant was appropriated for the payment of interest, and thus, the Defendant’s assertion is rejected on a different premise.
C. Accordingly, as to the Plaintiff’s principal and interest of KRW 35,800,000 and KRW 20,000,000 among them, the Defendant, upon the Plaintiff’s request, shall pay damages for delay at the rate of KRW 5,00,00 from February 5, 2018 to February 5, 2018, from March 27, 2018, the day following the delivery date of the instant complaint, and from July 12, 2018, the date of each Defendant’s reasonable decision, each of which is 5% per annum prescribed by the Civil Act until July 12, 2018, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from