beta
Text
1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 39% per annum from September 24, 2014 to the day of complete payment.
Reasons
1. In full view of the overall purport of the pleadings in the evidence No. 1 to No. 9 of the judgment on the cause of the claim, the Plaintiff, a registered credit service provider, was found to have lent KRW 40,000,000 to the Defendant on September 24, 2013 for the interest rate of KRW 3.25% (=39% per annum) and by September 24, 2014.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 40,000,000 won with the interest rate of 39% per annum from September 24, 2014 to the date of full payment, which is the due date for the plaintiff to the date of full payment.
2. Judgment on the defendant's defense
A. The Defendant paid C KRW 91,470,000 from September 2013 to June 25, 2015.
C borrowed the Plaintiff’s wife from January 19, 200 to November 18, 2012, KRW 173,50,000, and KRW 76,450,000 from October 19, 2013 to November 25, 2014, including KRW 249,950,00 (= KRW 173,50,000,000) (i.e., KRW 76,450,000). From January 28, 2009 to December 15, 2012, KRW 298,190,000, KRW 100,000, KRW 1050,000, KRW 109,000, KRW 105,000, KRW 109,010,000, KRW 109,005,010,09.
Since the above amount repaid by C to D includes the Defendant’s repayment of the principal and interest of the instant loan to the Plaintiff, the principal and interest of the instant loan to the Defendant was extinguished by the Defendant’s repayment to D through C.
B. According to the reasoning of the judgment, the Defendant paid a certain amount of money to C from September 2013 to June 2015, and the fact that C and D, the Plaintiff’s wife, had a money transaction from January 2009 to November 2015 is recognized.
However, the above evidence alone contains the Plaintiff’s repayment of the principal and interest of the loan of this case against the Defendant in money that C paid to D while conducting monetary transactions with D, the Plaintiff’s wife, and that D shall receive the repayment of the principal and interest of the loan of this case.