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1. The Defendant’s KRW 18,353,942 for the Plaintiff and KRW 5% per annum from May 21, 2016 to April 24, 2020 for the Plaintiff.
Reasons
1. The Defendant, based on the Plaintiff’s father C, stated that the Plaintiff’s father “A business that develops a 68,689 square meters of forest C in Gangseo-gun, Geumwon-gun,” and that if sold in a small-scale housing site after the development, profits may be obtained by dividing it into a small-scale housing site. If the development cost of the forest above is urgently required, 45 million won, plus 15 million won, should be paid with investment profits.”
Therefore, the Defendant, through C on June 19, 2014, agreed to borrow KRW 30 million from the Plaintiff, and agreed to repay KRW 45 million to the Plaintiff until November 30, 2014. As a security, the Defendant drafted a land sales contract with regard to a specific area of 297 square meters among the forest land.
However, the defendant did not pay the above money by November 30, 2014, which is the due date.
[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s primary cause of claim 1) The Plaintiff and the Defendant invested KRW 30 million to the Defendant on June 19, 2014, and set the interest rate of KRW 15 million. As such, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of KRW 30 million, which is the highest interest rate under the Interest Limitation Act, at the time from December 1, 2014 to the date of full payment, for the Plaintiff’s interest rate of KRW 45 million, and the loan principal of KRW 30 million, which is the interest rate of KRW 45 million, the following day of the due date of repayment. 2) Preliminary cause of claim: the Plaintiff invested KRW 30 million to the Defendant on June 19, 2014. At that time, the Defendant at the time agreed to pay the Plaintiff the agreed interest rate of KRW 45 million by November 30, 2014, which is 200,000,0000,000,000.
B. The defendant's assertion is from the plaintiff.