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1. The defendant shall pay 24,00,000 won to the plaintiff and 20% per annum from September 20, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff remitted to the Defendant KRW 2 million on June 4, 2013, KRW 1 million on June 7, 2013, KRW 1.4 million on June 7, 2013, KRW 1.477 million on June 18, 2013, KRW 26.7 million on June 26, 2013, KRW 6 million on July 4, 2013, KRW 600,000 on July 5, 2013, KRW 8 million on August 12, 2013, KRW 1.5 million on September 4, 2013, KRW 1.4 million on October 1, 2013, KRW 1.5 million on October 7, 2013, respectively.
B. On November 4, 2013, the Defendant: (a) drafted a loan certificate stating that “the Defendant borrowed KRW 23.5 million from the Plaintiff, and thus, would repay it until April 5, 2014 (hereinafter “the instant loan certificate”); and (b) written contract stating that “the Plaintiff would make an investment to the Defendant at will; and (c) the Defendant would return the said amount to the Plaintiff, regardless of the reasons on which the Plaintiff requested the return at least three (3) days before the date of the request (hereinafter “instant contract”).
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts found in the determination as to the cause of the claim, it is reasonable to view that, with respect to the Plaintiff’s total amount of KRW 2,3270,000,000 that the Plaintiff remitted to the Defendant from June 4, 2013 to October 7, 2013, the Defendant prepared the instant loan certificate, and that, with the purport to pay the Plaintiff KRW 23,50,000 to April 5, 2014, it was the agreement between the Plaintiff and the Defendant.
In addition, 50,000 won that the Plaintiff remitted to the Defendant on November 4, 2013, upon the Plaintiff’s request for return under the instant contract (the Plaintiff’s request for return to the Defendant before the date of service of the duplicate of the complaint in this case and the fact that at least three days passed thereafter is deemed to have no dispute between the parties) is liable to pay the Plaintiff to the Defendant.
Therefore, the defendant shall pay to the plaintiff 24 million won with the above money plus delay damages calculated by the rate of 20% per annum from September 20, 2014 to the day of full payment after the delivery date of a copy of the complaint of this case.