대여금
1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff leased money to Defendant C in the manner described below.
(A) On March 1, 2013, the Plaintiff transferred KRW 14,800,000,000 to Defendant C’s account after deducting interest of KRW 300,000,000 from the lending of KRW 10,000 to March 22, 2013 (hereinafter “instant loan”). (b) On November 1, 2013, the Plaintiff lent KRW 15,000,000, which deducted interest of KRW 200,000,000, to Defendant C’s account.
3) On November 13, 2013, when lending KRW 10,000,00 to Defendant C, the Plaintiff remitted KRW 9,700,000,000, deducting interest KRW 300,000, to Defendant C’s account. (b) The progress of the previous lawsuit 1) against Defendant C, the Plaintiff filed an application for the payment order against the Defendant C as the Jincheon-si District Court 2015,214, Jincheon-si Court 2014. In addition to the instant loan, the purport of the said application was stated as follows: “Defendant C shall pay the Plaintiff KRW 54,20,000,000, including the instant loan amounting to Defendant C on November 15, 2011.”
However, in the purport of the application for the above payment order, the Plaintiff asserted that the amount actually transferred to Defendant C is a loan unlike the purport of the application for the above payment order.
2) In the case of the Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Decision 2015Gadan5558, which was filed by Defendant C upon filing an objection against the above payment order, the said assistance was rendered as a substitute for conciliation as follows on August 5, 2015. The said decision became final and conclusive on September 4, 2015 on the ground that the Plaintiff and Defendant C did not raise any objection (hereinafter “instant compulsory conciliation”).
2. Conclusion
1. Defendant C shall pay to the Plaintiff KRW 10,00,000,000 by October 30, 2015, and KRW 10,000,00 (total amount of KRW 20,00,000) by December 31, 2015. If Defendant C pays each of the above payments once, he/she shall lose the benefit of the time without delay, and shall pay the amount unpaid and the amount payable at a rate of KRW 20% per annum from the date of delay to the date of full payment.
2. The plaintiff remains.