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1. The defendant shall pay 8,200,000 won to the plaintiff and 12% per annum from November 25, 2020 to the day of complete payment.
Reasons
In full view of the evidence evidence No. 2 and evidence No. 3-1 and evidence No. 3-2, the Plaintiff, etc., as the representative director of the Co., Ltd. (hereinafter “Non-Party Company”), concluded a loan agreement with the Defendant, etc. to grant a loan of KRW 6 million at a rate of 24% per annum (hereinafter “the loan agreement of this case”) and wired KRW 6 million to the deposit account in the name of D designated by the Defendant, respectively, on April 16, 2018. In light of the circumstance during which each of the above money was transferred, the time when each of the above money was transferred, and the fact that each of the above money was transferred to the account in the name of the same owner of deposit, etc., the Plaintiff may be acknowledged to have leased KRW 8.2 million to the Defendant pursuant to the loan agreement of this case, and the Defendant is clearly obligated to pay the Plaintiff a copy of the loan of KRW 8.2 million per annum from the date following the agreement of this case to the Defendant within the extent of 1.25 million.
On April 22, 2014, the Plaintiff lent KRW 60 million to the Defendant, or the Defendant would pay the above loan obligations owed by the Nonparty Company to the Plaintiff on behalf of the Plaintiff.
As such, the defendant is obligated to pay the above KRW 60 million to the plaintiff and the delayed damages to the plaintiff.
The plaintiff's assertion is not sufficient to acknowledge the plaintiff's above assertion only with the evidence Nos. 1 and 3-3-7 of the evidence No. 3-7, and there is no other evidence to acknowledge it. Thus, this part of the plaintiff's assertion is without merit.
Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.