beta
Text
1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and interest rate of KRW 24% per annum from March 4, 2018 to the date of complete payment.
Reasons
Facts of recognition
The Defendant received KRW 50 million in total from the Plaintiff on June 28, 2017, and KRW 50 million on July 3, 2017.
On July 3, 2017, the Defendant drafted a certificate of borrowing that the Plaintiff borrowed the above KRW 50 million on October 3, 2017, setting the due date for repayment as follows.
(hereinafter “the instant loan”). On the other hand, the Defendant paid KRW 1 million monthly to the Plaintiff from July 3, 2017 to March 3, 2018 as interest.
[Ground of recognition] The plaintiff asserts that the plaintiff, as a whole, agreed to the interest rate of KRW 1 million per month (24% per annum) while lending KRW 50 million to the defendant.
The Defendant asserts to the effect that, while lending the instant loan borrowed from the Plaintiff to C, the Defendant only delivered the interest received from C to the Plaintiff, or paid the Do interest during the period in which C did not pay the interest, and did not enter into an agreement with the Plaintiff.
Judgment
According to the evidence of evidence Nos. 1 and 2, C, on June 28, 2017, may recognize the fact that on September 26, 2017, C, with the purport that it borrowed KRW 50 million to the Defendant at a fixed rate of 2% per annum of interest and KRW 65 million per annum of the due date for repayment, and with a fixed rate of 15% per annum of the damages for delay, it may be recognized that C, on September 26, 2017, respectively, written a notarized contract for debt repayment (quasi-loan for Consumption) with the purport that a notary public is not dissatisfied with compulsory execution (No. 506 of the certificate of Djoint Law Office).
However, comprehensively taking account of the above evidence and evidence Nos. 6, 7, 9, 10, and 11 as well as the overall purport of the pleadings, the following circumstances, i.e., the Plaintiff paid a certain amount of money in the name of interest per month, regardless of whether the Defendant received interest payment from C, and the Defendant requested the payment of interest, and the Defendant requested the payment of interest immediately or the extension of the time limit, and did not pay interest.