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1. Defendant C’s KRW 359,000,000 per annum for the Plaintiff and 5% per annum from June 25, 2010 to August 21, 2020.
Reasons
1. Basic facts
A. On March 22, 2010, the Plaintiff deposited KRW 200,000,000 in the account under the name of Company E (hereinafter “Nonindicted Company”) from the account under the name of Company E (hereinafter “Nonindicted Company”). On March 24, 201, the Plaintiff received a certificate of borrowing the above amount under the name of Nonparty Company E (hereinafter “Nonindicted Company”).
(B) The act of borrowing money as above is "the primary loan of this case" and the above money is "the primary loan of this case."
The plaintiff from May 11, 2010 to the same year
6. From May 25, 2010 to May 25, 2010, a total of KRW 200,000 deposited into the account under the name of the non-party company.
8. Until December 15, 200,000 won received as security a check of number of units equivalent to 20 million won.
(2) On July 29, 2010, Defendant C prepared a receipt to pay the instant secondary loan to the Plaintiff by August 15, 2010.
C. On April 28, 2010, the non-party company paid KRW 8,000,000 to the Plaintiff as interest for the first and second loans of this case (hereinafter “each of the instant loans”), and KRW 8,000,000 on May 24, 2010, KRW 8,000,000 on May 31, 2010, and KRW 8,000,000 on June 30, 2010, and KRW 2,000,00,000 on December 16, 2010, the Defendant paid to the Plaintiff as interest for the first loans of this case.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 2 through 4, 7, and 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties' arguments
A. At the time of the first borrowing of the instant loan, the Defendants asserted 1 guaranteed the interest rate of 4% per month to the Plaintiff, and deposited the borrowed money in a fixed deposit. At the time of the Plaintiff’s request, the Plaintiff borrowed KRW 200,000 from the Plaintiff at any time. At the time of the second borrowing of the instant loan, the Plaintiff needs to pay the interest rate of 10% per month as the Plaintiff requires urgent funds.