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1. The Defendant’s KRW 25,00,000 as well as 5% per annum from May 16, 2013 to March 24, 2015 to the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 2, and 3 as to the cause of the claim, the Plaintiff, who was operating the D gas station in Bosung-gun C, had a claim for the amount of approximately KRW 25 million against E Co., Ltd. operated by the Defendant. On May 10, 2013, the Plaintiff lent KRW 50 million to the Defendant, and on the same day, the Defendant borrowed KRW 75 million to the Plaintiff.
5. To make payments until 15.
“The loan certificate of this case” or “the loan certificate of this case.”
may be recognized as having been prepared by the court.
Considering that the amount of KRW 75 million paid by the Plaintiff on May 10, 2013 and the amount of KRW 50 million paid by the Defendant to the Plaintiff on May 10, 2013 are consistent with the aggregate of the amount of the existing oil payment that the Defendant operated by the Defendant, and that only the amount of KRW 50 million was drawn up and issued with a loan certificate of KRW 75 million, the Defendant agreed to pay the Plaintiff KRW 75 million by adding up the oil payment to be borne by the Company E upon the preparation of the instant loan certificate and the borrowed amount of KRW 50 million on May 10, 2013.
Therefore, the defendant is obligated to pay to the plaintiff 25 million won after deducting 50 million won from the amount paid to the plaintiff at KRW 75 million, and 5% per annum from May 16, 2013 to March 24, 2015, the delivery date of a copy of the complaint of this case from May 16, 2013 to March 24, 2015, the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
2. The Defendant’s defense: (a) on September 27, 2013, issued a loan certificate of KRW 200 million to the Defendant and E Company F, including the instant oil payment obligation of KRW 25 million borne by E Company; (b) on September 27, 2013, the Plaintiff’s claim for the said oil payment was transferred to F in accordance with the document of borrowing KRW 200 million.