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1. The Defendant shall pay 50 million won to the Plaintiff and 24% per annum from August 15, 2015 to the date of complete payment.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff lent a total of KRW 50 million to the Defendant’s account by July 15, 2014, and the Defendant agreed to pay interest of KRW 1 million per month to the Plaintiff.
However, since the Defendant did not pay interest after July 15, 2015 and did not return the principal, the Defendant is obligated to pay the Plaintiff the interest or delay damages calculated at the rate of 24% per annum from August 15, 2015 to the date of full payment.
B. The defendant's assertion is that the plaintiff extended 50 million won to or invested in C through the defendant and received interest or profit. Thus, the above 50 million won should be paid from C, and the defendant is not liable for this.
2. According to the statement in Gap evidence No. 1, the plaintiff can be found to have received KRW 15 million from the defendant's account on July 11, 2015 and December 12, 2015, the sum of KRW 50 million on the 15th of the same month, and KRW 1 million on the 15th of each month from August 15 to July 15, 2015 (However, the plaintiff received KRW 400,000 from the defendant on the 15th of each month from August 15, 2015 and deposited KRW 60,000 in cash).
In light of the following circumstances, it is reasonable to view that the Plaintiff lent KRW 50 million to the Defendant at an annual interest rate of 24% (the rate calculated by the rate of KRW 1 million per month for KRW 50 million) in consideration of the respective statements in subparagraphs 1 through 4 above-mentioned facts.
① The Plaintiff transferred KRW 50 million to the Defendant and received a fixed amount of KRW 1 million each month from the Defendant.
If the Plaintiff has invested the said money to C and received the said money through the Defendant, it is difficult to receive the fixed monthly amount as above.
Moreover, around January 22, 2014, the Plaintiff invested KRW 50 million in C by means of remitting money to the Defendant at the Defendant’s request, which is the previous transfer of this case.