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1. The Defendant’s KRW 23,757,845 as well as the Plaintiff’s annual rate from February 1, 2018 to November 6, 2020.
Reasons
1. Facts of recognition;
A. On March 2007, C, a credit service provider, at the request of the Defendant, lent KRW 50 million to the account under the name of the Defendant, and requested the Plaintiff to transfer KRW 50 million to the account under the name of the Defendant.
Accordingly, on March 22, 2007, the Plaintiff remitted the total of KRW 50 million to the Defendant’s account in the name of KRW 50 million and KRW 50 million on May 4, 2007.
(hereinafter “instant loan”). (b)
The defendant paid interest to C several times from that time, and C delivered the interest to the plaintiff, but thereafter the defendant did not pay interest.
C around 208 and 2009, around 2008, transferred the instant loan claims against his Defendant to the Plaintiff, and notified the Defendant of the assignment of the said claims.
C. Around 2010, the Plaintiff urged the Defendant to repay the instant loan claims.
On November 17, 2011, the Defendant issued promissory notes with face value of KRW 65 million (hereinafter “instant promissory notes”) to the Plaintiff.
From December 1, 2011 to January 31, 2018, the Defendant repaid the Plaintiff totaling KRW 48 million.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 through 2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The first Defendant borrowed money at a rate of 3% per annum from C, and the Plaintiff prepared and ordered the Promissory Notes in this case at a par value of 65 million won. The Defendant’s repayment to the Plaintiff from December 1, 2011 to January 31, 2018 must be appropriated for the interest on the instant loan claim. Therefore, the Defendant is obligated to pay to the Plaintiff the amount calculated at a rate of 24% per annum as set forth in the Interest Limitation Act within 3% per annum from the day after the delivery of the copy of the instant complaint to the day of full payment. 2) The Defendant’s assertion and the Defendant decided to pay to the Plaintiff the Plaintiff with respect to the instant loan claim in 205 million won per annum.