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1. Defendant B shall pay 80,000,000 won to the Plaintiff and 20% per annum from November 20, 2014 to the date of full payment.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 4, and Eul evidence 5:
The Plaintiff is a person who sells household products from the Seo-gu Incheon, Seo-gu, Incheon. Defendant B is a person who engages in the wholesale, retail, and import business of household units under the trade name of “G” in the Seo-gu Incheon, Seo-gu, Incheon. Defendant C is a child of Defendant B, who is registered as the representative of “G” as of April 24, 2013.
B. On October 12, 2012, the Plaintiff, at the request of Defendant B, remitted KRW 50 million to the Agricultural Cooperative account in the name of Defendant C, and repaid KRW 50 million from Defendant B up to August 12, 2013 on the day when the Plaintiff had traded the said “G” and household parts and finished products operated by Defendant B, and received a loan certificate (Evidence 1) with the purport that KRW 50 million will be repaid in the amount of KRW 5 million for five months, and five months thereafter.
C. From April 2, 2013 to July 8, 2013, the Plaintiff: (a) transferred KRW 26,480,000 to the Defendant’s account in the name of the Defendant C; (b) delivered KRW 3,520,000 in cash to the Defendant B; and (c) received a cash custody certificate (Evidence A 3,00,000 from the Defendant B on July 8, 2013 to keep it as a container attached case; and (c) paid KRW 3,00,000 per month.
(2) Determination as to the claim against Defendant B on the following date: (a) the loan amount of this part is KRW 30,000,000:
A. According to the above facts of recognition 1), Defendant B, as requested by the Plaintiff, was subject to the Plaintiff’s claim for performance by delivery of the copy of the instant complaint, from November 20, 2014, the following day after the delivery of the copy of the instant complaint (50 million won came due, and 30 million won was subject to the Plaintiff’s claim for performance by delivery of the copy of the instant complaint.
(C) Defendant B is obligated to pay damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings until the date of full payment.