약정금
1. The Defendant’s KRW 100,000,000 per annum for the Plaintiff and 5% per annum from January 1, 2018 to October 4, 2018.
1. The plaintiff's ground for claim
A. The Plaintiff promised to pay KRW 200 million to the Plaintiff as soon as possible on November 13, 2017, when the Plaintiff invested more than KRW 200 million in a multi-level business entity with the Defendant’s recommendation from January 26, 2017 to July 10, 2017.
“The” has drawn up and delivered a certificate of borrowing.
From that time, the plaintiff notified the defendant several times of repayment.
[Reasons for Recognition] Each entry of Gap evidence 1 to 7 (including paper numbers), the purport of the whole pleadings
B. Accordingly, the Defendant is obligated to pay the Plaintiff KRW 100 million and interest for delay on the part of the money promised in the above loan certificate, which the Plaintiff seeks as a partial claim.
2. Defendant’s defense
A. The Defendant had been aware of the fact that the Plaintiff, a year, was missing in the room after the failure to make an investment in C with respect to the Plaintiff, using terms, such as reimbursement, etc., at the time of having the male who helps with the container and help, and the Defendant, who did not have any intention to actually pay the Plaintiff money, and the Plaintiff was also aware of this.
Therefore, it is invalid in accordance with the proviso of Article 107(1) of the Civil Act, since the defendant's expression of intention, not the truth, was well known of the defendant's intention as well as the plaintiff's declaration of intention.
B. Although there is no dispute between the parties as to the fact that the defendant is the annual interest, there is no clear evidence to deem that the defendant prepared the above loan certificate only at the level of representing the plaintiff without the intent to bear the legal obligation.
Therefore, the defendant's defense is without merit.
3. The Plaintiff’s claim for the conclusion is accepted on the grounds of its reasoning, and according to the amendment of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the interest rate for delay after June 1, 2019 is 12% per annum.