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1. The defendant shall pay 25,00,000 won to the plaintiff and 30% per annum from November 7, 2004 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. The plaintiff alleged on November 6, 2004, the defendant prepared a certificate of loan equivalent to KRW 600,000,000,000 borrowed from the plaintiff as a deposit money for the defendant detained by the plaintiff on November 6, 2004, ② around March 3, 199, C borrowed from the plaintiff, ③ by November 6, 2004, KRW 30,000,000,000,000 and KRW 300,000,000,000,000 as the interest of the above money borrowed by C borrowed by C from the plaintiff, to pay to C by the end of March 2005, and thus, the plaintiff is obligated to pay KRW 60,000,000,000,000 to the plaintiff.
The plaintiff is seeking partial payment of KRW 25 million.
B. Around March 3, 1999, the Plaintiff lent KRW 30 million to C, the Defendant, the Defendant, on November 6, 2004, pursuant to an agreement between the Plaintiff and the Plaintiff to pay KRW 600 million at the rate of 3% per month, and the due date of payment on March 2005 (hereinafter “instant agreement”), and set up a loan certificate (hereinafter “the instant loan certificate”) with the above contents.
3) On November 9, 2004, the Plaintiff withdrawn KRW 260 million from the Plaintiff’s national bank account. On the same day, D deposited KRW 500 million as the Plaintiff’s agent in Suwon District Court Sung-nam Branch 293 in 2004, and deposited KRW 100 million in addition to May 24, 2005. [In the absence of any dispute over the grounds for recognition, Gap’s 1, 2, 4 through 9, and Eul’s 3, each entry in the Plaintiff’s personal bank account, the result of the Plaintiff’s personal examination, and the purport of the entire pleadings.
C. In full view of the above facts of recognition and the purport of the entire pleadings, it is reasonable to deem that the Plaintiff deposited KRW 260 million, which was withdrawn from the national bank account on November 9, 2004, for the Defendant’s attached to D and delivered to D. The loan certificate of this case was lent to C around March 3, 199 the Defendant loaned to the Plaintiff, and the Defendant lent to C the money deposited to the Defendant for the Defendant’s attached to C.