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1. The Defendant’s KRW 60,000,000 as well as 20% per annum from September 5, 2015 to September 30, 2015 to the Plaintiff.
Reasons
1. On August 21, 2010, the Plaintiff lent 65 million won to the Defendant, a female student, without fixing the due date, and the Defendant repaid 5 million won out of the above loans.
2. Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 65 million after deducting the repayment amount of KRW 5 million from the remainder of the said KRW 60 million and the damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from September 5, 2015 to September 30, 2015, which is the day following the day on which the duplicate of the instant complaint was served to the Defendant, as requested by the Plaintiff, to the day of full payment from October 1, 2015 to September 30, 2015.
3. On this basis, the Defendant asserted that “The other female students agreed to pay 30 million won out of the loans to the Plaintiff instead of the Defendant, and the other female students agreed to repay part of the loans to the Plaintiff on behalf of the Defendant,” but there is no evidence to acknowledge this. Therefore, the Defendant’s defense cannot be accepted.
4. Therefore, the Plaintiff’s claim is accepted within the scope of the above recognition, and the remainder of the claim is dismissed due to the lack of grounds (as seen earlier, the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was amended, and the statutory interest rate of 15% per annum, which is not 20% per annum from October 1, 2015, shall apply). It is so decided as per Disposition.