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1. The Defendant: (a) KRW 20 million to the Plaintiff; and (b) annually from December 24, 2019 to February 13, 2020; and (c) February 14, 2020 to the Plaintiff.
Reasons
There is no dispute that D, the actual operator of the defendant, borrowed KRW 20 million from the plaintiff on behalf of the defendant from May to June 1990.
The defendant asserted that he received KRW 20 million as promotion cost funds, and that he cannot claim the return in accordance with Articles 103 and 746 of the Civil Act, but the previous argument is deemed to have been withdrawn by recognizing the "the fact that he borrowed KRW 20 million in order to repay the defendant's obligation" in the preparatory document dated January 15, 2020.
The plaintiff asserts that he/she lent the above money with interest rate of 24% per annum and three months after the due date, but there is no evidence to acknowledge such an agreement.
The evidence No. 1 (including a provisional number; hereinafter the same shall apply) submitted by the Plaintiff as evidence is “55 million won” and “5 million won” and “the due date for repayment” is different from the due date for the principal of the loan asserted by the Plaintiff, and it is not evidence of the agreement on the due date for the repayment of the interest rate as above, and it is also true as to “A” based on this reasoning.
Therefore, as to the Plaintiff’s loan amounting to KRW 20 million, the Defendant, from December 24, 2019 to December 19, 2019, the following day following the delivery date of a copy of the instant claim and the application for modification of the cause of the claim, the cause of the Plaintiff’s claim stated in the Plaintiff’s complaint was changed in exchange through the application for modification of the purport and the cause of the claim. Therefore, it is reasonable to determine the damages for delay from the day following the delivery date of the copy of the application for modification of the claim and the cause of
Until February 13, 2020, which is the date on which the defendant rendered the judgment of this case with a substantial dispute, the defendant is obligated to pay 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 14, 2020 to the date of full payment.
(2) The plaintiff's claim in excess of the above shall be without merit.