beta
Text
1. The Defendant shall pay to the Plaintiff KRW 30,00,000 as well as 30% per annum from July 16, 201 to the day of complete payment.
Reasons
1. Comprehensively taking account of the evidence No. 1-1, No. 1-2, No. 2, No. 2, No. 4, and the purport of the witness testimony and the entire pleadings as to the cause of the claim, the Plaintiff: (a) transferred KRW 24 million to C on June 29, 201 by account transfer; (b) C on July 15, 201, the Plaintiff borrowed KRW 30 million per annum (payment on July 15, 201) to the Plaintiff on October 15, 2011; and (c) written a loan certificate (Evidence No. 1-1, No. 1, 200,000) stating that “A borrowed KRW 30 million from the Plaintiff on July 15, 2011,” and the Defendant on the same day as a joint and several surety for the debt of the Plaintiff under the loan certificate in this case.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 30 million won with interest or delay damages at the rate of 30% per annum from July 16, 2011 to the day of full payment.
2. Judgment on the defendant's assertion
A. On March 2010, the first Defendant’s argument on the assertion of repayment began to borrow money from the Plaintiff, such as borrowing KRW 13 million from the Plaintiff, by setting the interest rate of 10% per month from the Plaintiff.
After receiving a loan certificate from C, which was set up for three months after the maturity date, the Plaintiff prepared a loan certificate with the amount increased by KRW 10 million as principal, if C fails to pay up until then.
At the time of the preparation of the loan certificate of this case, C prepared the loan certificate of this case by stating the sum of the principal and interest that C borrowed up to that time to the Plaintiff as the principal, and C did not borrow money from the Plaintiff.
However, after transferring money to the account in the name of C, the Plaintiff actually lent money by means of immediate cash refund from C. At the time of the preparation of the instant loan certificate, C received KRW 24 million from the Plaintiff on June 29, 201, and then withdrawn KRW 20.5 million from the next day, and remitted KRW 10 million to the Plaintiff.
C is the interest for the Plaintiff.