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1. The Defendant: (a) KRW 75,00,000 for the Plaintiff and its related KRW 6% per annum from August 29, 2018 to October 30, 2018; and (b) October 31, 2018.
Reasons
1. Determination on the cause of the claim
A. According to the purport of Gap evidence No. 2 and the entire pleadings as to the loan claim, it can be acknowledged that the plaintiff lent KRW 25 million to the defendant on December 15, 2015. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff delayed payment calculated from the date following the delivery date of the application for change of the claim and the ground for the claim as of August 21, 2018, which the plaintiff sought after the loan No. 25 million won and the due date.
The Plaintiff asserted that, in addition to the above KRW 25 million, the Defendant lent KRW 20 million to the Defendant on December 10, 2015, but it is not sufficient to recognize the above lending solely with the statement of KRW 5,00. The Plaintiff’s assertion on this part is without merit, since there is no other evidence to acknowledge it.
B. Comprehensively taking account of the overall purport of the arguments and evidence Nos. 3 and 4-1 and 2 as to the claim for settlement amount, the Plaintiff is obligated to pay damages for delay calculated on August 21, 2018 by the purport of the claim and the following day after the date of payment to the Plaintiff, which entered into a contract with the Defendant for the import of Norway Woo-dong on January 13, 2016, and the Defendant’s supply of 328 million won to the Plaintiff by January 16, 2016. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the claim amounting to KRW 50 million (= KRW 378 million - KRW 328 million - KRW 328 million) and damages for delay calculated on or after the date of service of the claim for change.
2. The defendant's assertion is alleged to the effect that the defendant paid all the above loans and the settlement amount, but there is no evidence to acknowledge it, and the defendant's argument is without merit.
3. In conclusion, the Defendant’s total amount of KRW 75 million (i.e., KRW 50 million) and its dispute over the scope of its obligation from August 29, 2018 to October 30, 2018.