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1. Defendant B’s KRW 247,420,00 and interest rate of KRW 15% per annum from December 13, 2016 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff paid Defendant B totaling KRW 501,930,000 from February 20, 2014 to May 15, 2015, and Defendant B paid the Plaintiff totaling KRW 254,510,000 from February 23, 2014 to July 12, 2015.
B. Defendant B, on May 1, 2014, prepared and issued to the Plaintiff a certificate of loan with the principal of KRW 30,000,000, and the due date of repayment until December 1, 2014, and issued a promissory note with respect to KRW 100,000,000 on July 2, 2014 and February 11, 2015, respectively.
C. Meanwhile, as between Defendant B and D on November 14, 2006, Defendant B prepared a notarial deed of a monetary loan for consumption as of May 17, 2006 the loan principal of KRW 50,000,000, interest rate of KRW 60,000, interest rate of KRW 50,000, interest rate of KRW 25%, interest rate of interest rate of KRW 25%, and maturity of payment on May 31, 2006. On July 7, 2015, Defendant C transferred the total amount of the claim based on this notarial deed to Defendant C (hereinafter “transfer of claim”), and the said notice was served on D July 9, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1-2, Gap evidence 2-2, Gap evidence 5, the purport of the whole pleadings
2. According to the above facts finding as to a monetary claim, Defendant B is obligated to pay to the Plaintiff the remainder loans of KRW 247,420,000 (i.e., total loans of KRW 501,930,000 - repayment of KRW 247,420,00) and damages for delay calculated at the rate of 15% per annum from December 13, 2016 to the date of full payment, as sought by the Plaintiff.
In this regard, Defendant B asserted that the amount exceeding the above loan certificate and promissory note is not a loan, but the amount paid by the Plaintiff to the Defendant exceeds the amount paid by the Defendant to the Plaintiff. There is a loan certificate and a promissory note certificate for KRW 230 million. In addition, there is no other circumstance that the Plaintiff pays the money to the Defendant in addition to the money lending.