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1. The Defendant’s KRW 50,000,000 as well as 12% per annum from December 31, 2012 to November 6, 2014 to the Plaintiff.
Reasons
1. The facts of recognition are as follows: (a) between October 15, 2008 and June 25, 2012, the Plaintiff remitted a total of KRW 76,500,000 to the Defendant’s account; (b) the Defendant borrowed KRW 30,000 from the Plaintiff on August 2, 2010; (c) the Defendant paid interest calculated at the rate of 10% per month on December 30, 201; (d) the Plaintiff prepared a certificate of borrowing to repay the above loan by December 30, 2012; (c) the Defendant paid interest of KRW 20,000,000 to the Plaintiff on November 20, 201, calculated at the rate of KRW 10% per month on December 30, 2012; and (d) the Plaintiff did not have any dispute over the loan repayment by December 30, 2012 and delivered the certificate of borrowing to the Plaintiff; or (d) the Plaintiff’s certificate of borrowing No. 21 or delivery.
2. Determination
A. According to the above facts, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff 50,000,000 won of the above loan and damages for delay calculated at each rate of 12% per annum within the agreed interest rate from December 31, 2012 to November 6, 2014, the delivery date of a copy of the complaint of this case from December 31, 2012 to November 6, 2014, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
B. In regard to this, the Defendant asserted that, if the Plaintiff, her husband, remitted money to the account under the name of the Defendant by using a financial account under the name of the Defendant, the Defendant only withdrawn money and made it to C, and that each of the above loan certificates was formally prepared by the Plaintiff and C necessary in criminal trials on D, in which the Plaintiff and C found the Defendant at the time of being hospitalized in the hospital and the Plaintiff acquired money from the Plaintiff, and that the Defendant did not actually borrow money from the Plaintiff.
The facts alleged by the Defendant are recognized.