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1. The Defendant shall pay to the Plaintiff KRW 40 million and the interest rate of KRW 15% per annum from November 7, 2016 to the date of complete payment.
Reasons
1. The assertion and judgment
A. The plaintiff asserts that the plaintiff is obligated to pay 40 million won to the plaintiff, since he/she agreed to provide the defendant with a loan of 20 million won to the defendant to receive a total of 40 million won principal and interest from the defendant.
On the other hand, the defendant asserts that the plaintiff's argument about the excess of the above loan amount is groundless, since only 20 million won was borrowed from the plaintiff.
B. In light of no dispute between the parties to the judgment or the purport of the entire argument as to Gap evidence Nos. 1 through 2-2, the defendant demanded the plaintiff to lend money to the plaintiff while stating that a substantial profit would accrue if the funds are required for receiving orders for construction works. The plaintiff received a loan from a financial institution on September 1, 2015 and lent money to the defendant on September 1, 2015. The defendant can be found to have prepared a certificate of 40 million won as of August 30, 2016 with the payment date as of August 30, 2016. Considering the above facts acknowledged in light of the above facts, the fact that the plaintiff agreed to pay the principal and interest to the plaintiff on the payment date and the defendant on August 30, 2016. In full view of the loan process, motive, and the contents of the loan as seen in the above facts, it can be sufficiently recognized that the plaintiff agreed to pay the above KRW 20 million to the plaintiff on the payment date.
Therefore, pursuant to the above agreement, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from November 7, 2016 to the day of full payment, which is obvious that the copy of the complaint of this case was served to the Defendant as requested by the Plaintiff after the due date.
2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.