beta
Text
1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 20% per annum from December 1, 2014 to the day of complete payment.
Reasons
1. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 3 as to the cause of the claim, the plaintiff loaned KRW 100 million to the defendant on March 2, 2010, the defendant repaid KRW 10 million to the plaintiff on or around July 2012, and the defendant prepared and delivered a letter to the plaintiff on August 8, 2013 that he/she would repay the remainder of KRW 90 million to the plaintiff by June 30, 2014, barring any special circumstance, the defendant is obligated to pay damages for delay calculated at the rate of KRW 10% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of the copy of the complaint in this case to the defendant on December 1, 2014 to the day of full payment.
2. As to the defendant's argument, the defendant asserts that the defendant received KRW 100 million from the plaintiff, but this is not a loan, but a loan, which is received as an investment.
The sole descriptions of evidence Nos. 1 and 2, which are the disposal documents, are insufficient to prove the defendant's assertion contrary to the contents of evidence No. 1 (Incompetence) which is the disposal documents, and there is no other evidence to prove it.
Rather, in light of the following circumstances, the Plaintiff did not enter into an agreement with the Defendant regarding the allocation of profits until March 2, 2010 when it remitted KRW 100 million to the Defendant on March 2, 2010, and thereafter, the Plaintiff received KRW 1.6 million per month from the Defendant without relation to the profits from the heavy trading business operated by the Defendant. In light of the following circumstances, the Plaintiff’s KRW 100,000,000 delivered to the Defendant on March 2, 2010 is deemed to be a loan.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.