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1. The Defendant’s KRW 20,000,000 as well as 5% per annum from December 20, 2016 to June 20, 2018, respectively, to the Plaintiff.
Reasons
1. The Plaintiff asserted that around April 16, 2012, the Plaintiff lent KRW 80,000 to the Defendant the date and time of repayment set as April 15, 2013, but the Defendant did not fully pay the money.
Accordingly, when the Plaintiff filed a complaint against the Defendant on the charge of fraud, on September 19, 2016, the Defendant prepared a cash custody certificate (hereinafter “cash custody certificate”) stating that “I would deposit KRW 20,000,000 to the Plaintiff by November 30, 2016. In short, I would like to hold the Plaintiff liable for civil and criminal liability” and deliver it to the Plaintiff.
However, since the defendant did not pay KRW 20,000,000 to the above maturity date, the defendant is obligated to pay to the plaintiff the full amount of KRW 80,000,000 and damages for delay.
2. Determination
A. The following facts and circumstances are recognized in full view of the following facts and the purport of Gap evidence Nos. 1-3, Eul evidence Nos. 1-4, and the entire arguments.
① On April 16, 2012, the Plaintiff issued a check of KRW 80,00,000 to C, which had taught at that time.
C received a certificate of loan (No. 1) from the Defendant that “The Defendant borrowed KRW 78,000,000 from the Plaintiff,” and that “the Defendant borrowed KRW 78,000,000,000,000” from the Defendant, and delivered it to the Plaintiff.
② From January 23, 2014 to June 23, 2016, the Defendant remitted money of KRW 58,800,000 to the D’s account used by C or C, or paid money in cash to C.
③ Meanwhile, on the other hand, the Plaintiff did not repay to the Defendant a short-term loan of KRW 80,000,000 (at least 30% per annum on April 16, 2013, and interest) on June 2014, and requested immediate return.
“The content certification was sent.”
④ Around 2016, the Plaintiff filed a complaint against two persons on the ground that the Defendant and C were aware that they would receive 30% or more of the profits and that they acquired 80,000,000 won by deception.
At the investigation agency, the defendant argued that C paid KRW 58,800,000 to C, and on September 19, 2016, the defendant prepared a cash custody certificate for KRW 20,000,000 to the plaintiff.
(5) In the above accusation case, the defendant and C are suspected of fraud on September 21, 2016.