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1. The Defendant’s KRW 120,000,000 as well as 10% per annum from June 1, 2018 to October 1, 2018 to the Plaintiff.
Reasons
1. The fact that there is no dispute between the Plaintiff and the Defendant around February 10, 2017 that the Plaintiff prepared a certificate of loan with the purport that the Defendant shall, without interest, borrow KRW 120,000,000 from the Plaintiff as of May 31, 2018, and shall pay interest at the rate of 10% per annum at the time of delay. There is no dispute between the parties.
2. The gist of the Plaintiff’s assertion is the cause of the instant claim, and the Defendant borrowed money from the Plaintiff while operating Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). Around February 10, 2017, the Plaintiff sought payment of the borrowed money against the Defendant on the ground that the Defendant settled KRW 120,000,000.
3. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 120,000,000,000, and damages for delay at each rate of 10% per annum, which is the agreed interest rate, from June 1, 2018 to October 1, 2018, and 15% per annum, as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.
B. As to the Defendant’s argument (1) as to this, the Defendant asserted that the Plaintiff invested in the non-party company from January 2014 to operate the non-party company and thus, the Defendant has no obligation to return it. However, even if the Plaintiff invested in the non-party company, as long as the Defendant agreed to return KRW 120,000,000 to the Plaintiff, the Defendant is liable to pay it accordingly. Thus, the Defendant’s argument is without merit.
(B) The Defendant argues that the Plaintiff could not accept the Plaintiff’s claim on the ground that the Plaintiff’s withdrawal from the partnership relationship and settlement between the Plaintiff and the Defendant was made. (2) Next, the Defendant would pay the loan when the Guro-gu Seoul Metropolitan Government business is completed and profit-making is generated.