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1. The defendant shall pay 34,00,000 won to the plaintiff and 15% per annum from January 9, 2016 to the day of complete payment.
Reasons
Comprehensively taking account of the respective descriptions and the overall purport of the arguments by Gap 1 and 2 as to the cause of the claim, the plaintiff loaned to the defendant a total of KRW 34 million, including KRW 10 million on February 5, 2015, KRW 24 million on February 17, 2015, and KRW 34 million on February 17, 2015, and KRW 34 million on the due date, after the due date, and without the due date, the interest. However, upon the defendant's request, the plaintiff may recognize the fact that the plaintiff, not the defendant's account, remitted the above KRW 34 million to the
According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the above loans of KRW 34 million and the damages for delay calculated at the rate of 15% per annum from January 9, 2016 to the date of full payment as requested by the Plaintiff, which is the day following the delivery date of a copy of the complaint of this case, to the day of full payment.
On the judgment of the defendant's defense of the defendant's defense of payment, the defendant asserted that the above loan was fully repaid on or around April 2015.
The defendant's specific arguments are as follows.
In other words, the original Defendant requested the representative director E of D Co., Ltd. (hereinafter “D”), but notified the Plaintiff that E would request the Plaintiff to lend money.
However, after the above loan, D’s representative E requested the Defendant that “D shall receive KRW 97,818,00 from the Plaintiff, so the Plaintiff shall pay KRW 34 million to D instead of the Plaintiff.”
Accordingly, the Defendant received the Plaintiff’s representative director F’s consent to pay the above amount, and subsequently transferred the above amount of KRW 34 million to D on April 8, 2015, the Defendant repaid the above amount of KRW 34 million to D.
According to the statement Eul 1 and the witness Eul's testimony, C needs to purchase H commercial shares from G. However, C requested the defendant to borrow the above KRW 34 million. The defendant borrowed the above KRW 34 million from the plaintiff and directly borrowed the above KRW 34 million from the plaintiff to C. The defendant directly borrowed the above KRW 34 million.