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1. Defendant B’s KRW 150,000,000 and as to the Plaintiff, KRW 15,000 per annum from June 1, 2013 to July 19, 2019.
Reasons
1. Determination as to the claim against the defendant B
A. The Plaintiff asserts that (i) around November 29, 2012, the Plaintiff lent KRW 300 million to Defendant B and received KRW 150 million among them, and (ii) the Plaintiff should be paid interest at the rate of KRW 30 million per annum on the remainder of KRW 150 million and the amount of KRW 150 million per annum. (ii) Defendant B asserts that only the Plaintiff prepared a loan certificate and a receipt, and that it does not actually receive money.
B. Determination 1) Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, and 9, the Plaintiff: (a) transferred KRW 285 million to the account held in D on November 29, 2012; (b) Defendant B borrowed KRW 300 million from the Plaintiff at around that time, and paid KRW 15 million to the Plaintiff at interest rate; and (c) received KRW 300 million from the Plaintiff by May 31, 2013 (Evidence No. 1) and received KRW 300 million from the Plaintiff (Evidence No. 2). According to the above facts, it is reasonable to view that Defendant B transferred KRW 150 million to the Plaintiff around May 31, 2013 under the name of D; and (d) Defendant B received KRW 500,000,000,000,000 from the receipt of KRW 50,500,000,00 from the money borrowed in B’s name.
3) Accordingly, Defendant B determined the annual interest of KRW 150 million (including KRW 30 million - KRW 150 million - KRW 150 million ), which is the date following the date on which the repayment period is due, as deemed reasonable to dispute the existence and scope of the obligation by the Defendant from June 1, 2013 to the date on which the instant judgment was rendered, until July 19, 2019, which is the date on which the agreement was rendered, as the agreed rate of KRW 15 million (including interest for KRW 15 million for the six-month interest for KRW 300 million), and the annual calculation thereof is 30 million. However, only interest shall be interest for the unpaid principal.