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1. Defendant B: (a) 5% per annum from March 6, 2018 to April 4, 2018; and (b) April 5, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff lent KRW 204,00,000 to D around July 2017, but did not receive a refund from D.
B. On January 10, 2018, the Plaintiff came to know of D’s introduction, and found Defendant B, the representative director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) and Defendant B, the director of the Defendant Co., Ltd., received from Defendant B a written confirmation (Evidence A A 1 and 2) as follows, and all of the written confirmations are affixed with the seals affixed by Defendant B.
The Plaintiff’s address: The Plaintiff’s address: the debtor’s name: the Defendant B’s address: the amount of debt 6011,000,000 won: the amount of debt 24 billion won: the date of borrowing KRW 12 million on February 8, 2018, in total, KRW 2.4 million on March 5, 2018: the date of completing the repayment: the date of the promise on July 4, 2017: the date of completing the repayment: on March 5, 2018, the Defendant B drafted a loan certificate of KRW 240,000,000 to the Plaintiff on March 5, 2018.
On January 10, 2018, the amount of KRW 2.4 billion received from Defendant B’s written confirmation (Evidence A2) on July 10, 2017 from Defendant B (Evidence A) shall be determined as the Plaintiff’s funds, which Defendant B received from Defendant B D from the Defendant Company. 2.4 billion won shall be determined as the Plaintiff’s funds.
This content is written and sealed on the certificate of debt repayment (No. 1). It is confirmed that the above content is true.
On January 10, 2018, Defendant C’s agent of Defendant C Co., Ltd. without any dispute, entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings.
2. Summary of the parties' arguments
A. The Plaintiff asserted that the Plaintiff lent KRW 204,00,000 to D around July 2017, but D did not return the said amount to the Plaintiff.
D) Accordingly, on January 10, 2018, the Plaintiff visited the Defendant Company to recover the money directly by finding Defendant B, who actually operates the Defendant Company, with investments or loans to the Defendant Company.
In addition, on January 10, 2018, the Plaintiff’s KRW 204,00,000 from the Defendants until March 5, 2018.