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1. The defendant shall pay 840,000,000 won to the plaintiff and 15% per annum from February 28, 2018 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 through 5 and 7, the fact that the plaintiff extended a total of KRW 670,000,000 to the defendant, who is one of his children, up to July 15, 2013, KRW 100,000,000 on September 4, 2015, and KRW 70,000 on September 21, 2016, including KRW 70,000,000 on September 21, 2016.
B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 840,00,000 and damages for delay calculated at the rate of 15% per annum from February 28, 2018 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.
2. Judgment on the defendant's assertion
A. 1) The Defendant asserts that the loan amount of KRW 100,00,000, which the Plaintiff asserted as the loan amount was not borrowed on or before September 4, 2015, but is included in KRW 670,000 in the aggregate of the loan amount of KRW 670,00,000 until July 15, 2013. Thus, the Defendant asserts that the loan amount of KRW 100,000,000, which the Defendant prepared by the Plaintiff was merely KRW 740,000,000, since the loan amount of KRW 100,000 (Evidence 2) is not written by the lender, it is difficult to specify the loan date solely on the basis of the above evidence, because the loan amount of KRW 100,00,000,000, which is not written by the lender.
However, in light of the following circumstances, the evidence adopted earlier and the purport of the entire pleadings can be comprehensively acknowledged, the Plaintiff additionally lent KRW 100,000,000 to the Defendant around September 4, 2015, and the fact that the total amount of loans as of the date of the closing of argument is KRW 840,00,000 can be sufficiently recognized.
The defendant's assertion against this is not accepted.
① The account books (Evidence A No. 4) in which the Plaintiff arranged the details of the loan and the repayment to the Defendant in writing, are written as follows: (a) KRW 80,000,000 on September 4, 2015; and (b) KRW 20,000,000 on a total of KRW 10,000,000 on a loan to the Defendant.
② As seen below, the Defendant paid the Plaintiff KRW 3,700,000 per month until September 2015, which is presumed to be the interest for the previous loan.
However, there is a problem.