대여금
The defendant shall pay to the plaintiff 150,000,000 won with 12% per annum from May 26, 2020 to the day of complete payment.
1. The Plaintiff wired the Plaintiff a total of KRW 150 million, including KRW 20 million on January 29, 2018, KRW 60 million on February 1, 2018, KRW 70 million on March 2, 2018, and KRW 150 million on March 2, 2018; the Defendant prepared and delivered a loan certificate of KRW 150 million on March 2, 2018 to the Plaintiff (hereinafter “the loan certificate of this case”) to the Defendant and the Defendant’s wife’s wife account; or may be recognized by taking into account the dispute between the parties concerned or the entire purport of the statement in subparagraph 1 and oral proceedings.
Therefore, the Defendant is obligated to pay to the Plaintiff the above loan amounting to KRW 150 million and the damages for delay calculated at the rate of 12% per annum from May 26, 2020 to the day of full payment, which is the day following the day when the copy of the instant complaint was served on the Defendant.
2. As to the judgment on the defendant's assertion, the defendant merely delivered the money paid by the plaintiff to the defendant as investment money in the virtual currency business of the corporation C, and the loan certificate of this case is not effective as it was made by the plaintiff's coercion. However, in full view of the purport of the whole pleadings, the defendant can be acknowledged as having stated the claim amounting to KRW 150 million which the plaintiff seeks payment in this case in the creditor's list while filing a petition for bankruptcy with Busan District Court 2019Hadan701, and the defendant's above assertion has no merit since there is no evidence to acknowledge
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.