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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from July 8, 2016 to the day of complete payment.
Reasons
1. According to the purport of the evidence No. 1-1 and No. 2 of the basic facts and the entire arguments, the Plaintiff, having the head of a branch office C branch office of the same branch office, transferred total of KRW 30 million to the Defendant, who was an insurance solicitor of the same branch office, including KRW 10 million on July 26, 2013, and KRW 20 million on September 2, 2013.
2. The parties' assertion
A. Since lending KRW 30 million to the Plaintiff, the Defendant is obligated to pay the Plaintiff a loan of KRW 30 million and its delay damages.
B. The Plaintiff paid KRW 30 million to the Plaintiff due to the Plaintiff’s mistake in D, E, etc., which the Plaintiff left as an insurance solicitor, as the Defendant suffered a lot of damages due to the Defendant’s recovery of commission, etc., and the Plaintiff paid 30 million won to the Plaintiff due to the Plaintiff’s fault due to the failure to work.
3. In light of the following circumstances recognized by the respective statements and arguments set forth in subparagraphs 2 through 6 of the judgment, the Plaintiff is recognized to have lent KRW 30 million to the Defendant.
The statements in the evidence Nos. 2, 3, 5 through 8 alone are insufficient to reverse the recognition.
① The Plaintiff sought to borrow KRW 5,00,000 from E, an insurance solicitor, the Defendant, who was an insurance solicitor of the Defendant, sought to borrow KRW 5,000,000, and the Plaintiff first lent money to E, the Defendant, who was responsible for half of the amount. In this regard, the Defendant claimed that the Defendant remitted KRW 483,50,00 to the Plaintiff on June 30, 2014, and KRW 1,934,00 on July 31, 2014.
Each entry in Gap evidence 4 and 6 corresponds to the plaintiff's above assertion.
② 원고는 2014. 4. 30. 피고에게 ‘E는 어떻게 됐어요 소장님 3000 E 500 이자만해도 한달에 235천원이예요 힘들어 죽겠습니다 월급쟁이가 무슨 돈이 있다고.. E 빨리 좀 마무리 해주세요..’, ‘암튼 벌써 5월이니.. 빨리 마무리 해주세요.. 진짜 힘들어요ㅠㅠ 누구한테 말도 못하고.. 소장님도 고액 빨리 좀 하시구요..’라는 카카오톡 메시지를 보냈고, 피고는...