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1. The Plaintiff:
A. Defendant B shall pay KRW 48,00,000 and a rate of KRW 25% per annum from April 3, 2015 to the date of complete payment.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 and Eul evidence No. 1, and there is no counter-proof.
On or before December 30, 2014, the Plaintiff lent KRW 36 million to Defendant B (hereinafter referred to as “first loan”); on January 5, 2015; on January 12, 2015; on the 19th day of the same month; on the 23th day of the same month; on the 29th day of the same month; and on the 29th day of the same month.
2. As of February 16, 2015, the remaining principal of the first loan was 4 million won (3.6 million won - 32 million won) as of February 16, 2015, with each of 4 million won on the 10th of the same month and 16th of the same month, Do 32 million won (4.0 million won) paid out by Defendant B and appropriated the principal.
(1) The defendants asserted that there is no remaining principal of the first loan because they paid the amount of KRW 2 million in addition to the amount of KRW 4 million recognized as above on February 4, 2015, 10, and 16 of the same month, respectively, and that there is no remaining principal of the first loan since they paid the amount of KRW 6 million in total. Thus, according to the evidence of the above belief, the above defendant's additional payment is recognized as having been made on February 4, 2015, and on February 10, 16 of the same month, and on February 16, 2015, each of the above amounts is deemed to have been paid in addition to the amount of the first loan as stated in paragraph (2) below, and there is no evidence to recognize the fact that each of the amounts was paid in installments three times in addition to the amount of the first loan.
On February 16, 2015, the Plaintiff loaned KRW 18 million to Defendant B (hereinafter referred to as “second loan”), and then appropriated KRW 2 million each on the April 10 of the same month, and KRW 6 million each on the 16th day of the same month (2 million X3) to the principal after receiving reimbursement from Defendant B. As of February 16, 2015, the remaining principal of the second loan was KRW 12 million (18 million - 6 million).
C. The Plaintiff also lent KRW 36 million to Defendant B on February 17, 2015 (hereinafter “third-party loan”), and each KRW 2 million on March 30, 2015, and April 2, 2015, respectively, is the Defendant.