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1. The Defendant’s KRW 22,00,000 for the Plaintiff and the corresponding year from April 22, 2016 for the Plaintiff.
9. up to 30.5% per annum.
Reasons
1. The fact that the Plaintiff transferred a total of KRW 31 million to the Defendant four times from August 19, 2014 to November 6, 2014 is not a dispute between the parties. According to the evidence No. 3, the Defendant’s statement that the Plaintiff transferred a total of KRW 2 million to the Plaintiff on March 30, 2015; and
4. 10,400,000 won, and the same year.
6. It is recognized that a total of KRW 9 million was remitted on 30.3 million.
2. Determination:
A. The gist of the party’s assertion lies in the loan principal of KRW 23,695,280,000,000 paid to the Defendant based on 5% per annum, i) the Plaintiff lent 31,000 won to the Defendant, and the Defendant paid KRW 9 million to the Defendant at a statutory rate of KRW 23,695,280, and ii) the damages incurred due to the Plaintiff’s transfer of the existing investment amount to the Defendant, and the Defendant agreed to compensate for the amount of KRW 5,00,000,000,000 among them. Therefore, the Defendant is liable to pay the Plaintiff the unpaid loan and the amount of the compensation agreement for losses, as well as the delayed payment.
Although the defendant received KRW 31 million from the plaintiff, the defendant asserts that the remaining amount excluding KRW 6 million, which was entered as his/her own educational expenses, is living together with the defendant on the premise of marriage with the defendant, and used as communal living expenses such as apartment monthly rent and management expenses, etc. for 11 months, and there is no agreement to compensate for the investment losses.
B. The following circumstances are acknowledged by the Plaintiff’s liability for the return of loan amounting to KRW 31 million to the Defendant: (a) evidence No. 2, evidence No. 3-1, and the purport of the entire pleadings, i.e., the Defendant: (b) prepared and issued a loan certificate to the Plaintiff requesting the Plaintiff to repay the loan on February 13, 2015, stating that the loan amount was KRW 30 million; and (c) the Defendant asserted that the loan certificate was made by the Defendant’s office and the Plaintiff’s strong pressure; (d) there is no evidence to acknowledge that the loan certificate was made by the Defendant’s office.