대여금
1. The Defendant’s KRW 320,000,000 as well as 12% per annum from May 1, 2018 to July 13, 2018 to the Plaintiff.
1. In addition to the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Defendant, on February 20, 2018, prepared a loan certificate stating that KRW 320,000,000 shall be due and payable on April 30, 2018, and the delay damages rate shall be 12% per annum to the Plaintiff (hereinafter “the instant loan certificate”), and the Plaintiff, on the same day, remitted total of KRW 320,000 to the Defendant.
According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 320,00,000 and damages for delay calculated at the rate of 12% per annum agreed from May 1, 2018 to July 13, 2018, the delivery date of the original copy of the instant payment order, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, barring special circumstances.
2. Judgment on the defendant's assertion
A. The summary of the assertion: C Co., Ltd. (hereinafter “C”) operated by the Defendant and D, a local subsidiary of Indonesia (hereinafter “D”) jointly ordered the Korea Logistics Construction Corporation in Indonesia area (hereinafter “instant construction”); and E, an investment company of the instant construction (hereinafter “E”) demanded that KRW 1% of the total construction cost be paid to the E’s bank account in order to pay advance payment of the instant construction work, and the Plaintiff agreed to pay the said deposit.
The Plaintiff requested that the Defendant transfer money under the name of C, the contractor of the instant construction, to the Defendant, and the Defendant received the above KRW 320,000,000 from the Plaintiff and remitted the above money to D. D again. The loan certificate of this case is merely a false document prepared upon the Plaintiff’s request to ensure that C would return the above KRW 320,000,000 to the Plaintiff when he received the payment for completed portion from E.
Therefore, the defendant borrowed the above 320,000,000 won from the plaintiff.