beta
Text
1. The Defendant’s KRW 4,624,807 as well as the Plaintiff’s annual rate of 5% from May 19, 2016 to July 20, 2017.
Reasons
1. Determination on the cause of the claim
A. On June 18, 2007, the plaintiff asserted that the cause of the claim occurred, the interest was set at 48% per annum and lent KRW 30 million to the defendant, and the defendant merely paid part of the interest and did not pay the principal, and the plaintiff asserts that the principal was not repaid. The plaintiff's claim as to the cause of the claim shall claim the payment of the principal amount of the loan and the damages for delay calculated at the rate of 15% per annum from the day after the delivery of the copy of the complaint of this case to the day
B. According to the statement in Gap evidence No. 1, the fact that the plaintiff lent 30 million won to the defendant on June 18, 2007 is recognized.
However, there is no indication of the interest rate on the loan certificate, and there is no evidence to prove that the plaintiff and the defendant set the interest on the loan at 48% per annum, and only the interest and delay damages calculated at the rate of 5% per annum under the Civil Code are recognized.
C. The defendant's assertion was made on June 18, 2007 with a certificate of loan of KRW 30 million, but the plaintiff is obligated to pay KRW 20 million since the money actually borrowed from the plaintiff is KRW 20 million. However, in the case of a disposal document, as long as the authenticity is recognized, the existence and content of the legal act must be recognized as stated, and there is no other evidence to acknowledge the defendant's assertion. Thus, the defendant's above assertion is rejected.
2. Judgment on the defendant's defense
A. According to the statements in the evidence Nos. 1 and 2 of the amount repaid by the Defendant, the Defendant remitted the Plaintiff a sum of KRW 29.7 million as listed below, and repaid part of the borrowed amount, and the amount repaid is appropriated for the principal and interest as listed below, and KRW 4,624,807 remains remaining as the principal and interest of the loan.
Although the defendant asserts that he paid 4.8 million won to the plaintiff in cash in addition to the remitted money, the defendant's assertion that he paid 4.8 million won to the plaintiff, there is no evidence to acknowledge the above argument by the defendant.