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1. As to KRW 200,000,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff the year from August 21, 2016 to July 29, 2018.
Reasons
1. Basic facts
A. On February 24, 2015, the Plaintiff remitted to the Defendant KRW 30 million under the name of stock investment, and KRW 30 million on April 23, 2015. On June 2, 2015, the Plaintiff returned KRW 30 million out of the said money to the Defendant, and again remitted the Defendant KRW 10 million under the name of stock investment, as a stock investment.
B. On December 21, 2015, the Plaintiff loaned the Defendant a total of KRW 50 million per annum, and KRW 50 million on December 22, 2015, KRW 6% (one million on April 22, 2015), the due date for repayment was determined on April 20, 2016 (hereinafter “the first loan”), KRW 40 million on August 24, 2016, KRW 40 million on August 25, 2016, KRW 10 million on August 25, 2016, and KRW 20 million on August 28, 2016, without setting the due date for repayment as a non-interest.
(hereinafter “The second loan”). Meanwhile, the Defendant paid KRW 1 million on April 25, 2016, and KRW 1 million on September 6, 2016 to the Plaintiff as interest for the first loan of this case.
C. On October 4, 2017, the Defendant issued to the Plaintiff a loan certificate indicating that the Plaintiff had a total of KRW 200 million debt.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendant was appropriated to the Plaintiff for interest in arrears from April 21, 2016 to August 201, 2016 for the amount of KRW 200 million in total of KRW 50 million in unclaimed investments and KRW 150 million in the second loan (loans) and KRW 1 million in the first loan, which was paid by the Defendant from August 21, 2016 to September 6, 2016.
Until July 29, 2018, the delivery date of the complaint of this case, the rate of 6% per annum, and damages for delay calculated by 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, and the remaining 150 million won shall be promoted from July 30, 2018 to the day of full payment of the complaint of this case.