대여금
1. The Defendant’s KRW 101,863,836 as well as the Plaintiff’s annual rate from January 1, 2015 to June 27, 2015.
Comprehensively taking account of the overall purport of evidence evidence and the pleadings, the Plaintiff agreed to lend KRW 125,438,152 to the Defendant on October 21, 2014 as of December 31, 2014, the Plaintiff’s personal business chain account operated by the Plaintiff, KRW 7 million on April 22, 2013, and KRW 3 million on April 22, 2013, and KRW 101,863,836, total sum of KRW 125,438,152, to the Defendant on October 21, 2014 may be recognized.
The Plaintiff, upon the Defendant’s request that the Plaintiff be a employee of C and lent business funds, transferred money to C as above, and the Plaintiff’s credit card was given a loan of KRW 125,438,152, including the amount used for the Defendant’s business purpose. However, the Plaintiff asserted that the loan agreement was concluded with the Defendant. However, there is no evidence to prove that the Plaintiff paid the Plaintiff’s credit card to the Defendant by means of having the Defendant use the Plaintiff’s credit card, which is 23,574,316 (=125,438,152-101,863,836). Therefore, the Plaintiff’s above assertion is without merit.
Therefore, the defendant is obligated to pay to the plaintiff 101,863,836 won and the amount of delay damages at the rate of 5% per annum as stipulated in the Civil Act from January 1, 2015 to June 27, 2015, which is the day following the due date under the above lending agreement, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.