대여금 등
1. The Defendant amounting to KRW 30 million to the Plaintiff and the Plaintiff’s annual rate of 5% from May 23, 2013 to March 7, 2014.
1. The Plaintiff transferred KRW 30 million to the Defendant’s account (hereinafter “instant money”) on November 22, 2012, in full view of the respective descriptions of the evidence Nos. 1 and 2 as to the cause of the claim, or there is no dispute between the parties to the determination as to the cause of the claim. On the same day, the Defendant paid to the Plaintiff KRW 22,00,000 on February 22, 2013, and KRW 22,00,000,000 to the Plaintiff on May 22, 2013, and the purpose of the use of the funds is recognized as having been written out the loan certificate (hereinafter “the instant loan certificate”).
According to the above facts, the nature of the instant money transferred by the Plaintiff was not purely loaned, but paid to the Defendant under the pretext of investment.
Even if the defendant prepared and delivered the loan certificate of this case to the plaintiff, it is reasonable to view that the defendant promised to guarantee the principal of investment and the profits in accordance with the loan certificate of this case.
Therefore, the defendant is obligated to pay to the plaintiff 30 million won with 5% interest per annum as stipulated in the Civil Act from May 23, 2013 to the delivery date of the complaint in this case, and 20% interest 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, as requested by the plaintiff within the scope of the money stipulated in the loan certificate in this case.
2. The plaintiff's claim is justified.