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1. The Defendant shall pay to the Plaintiff KRW 300,00,000 and the interest rate of KRW 15% per annum from April 3, 2018 to the date of complete payment.
Reasons
1. The fact that the Plaintiff lent KRW 350,00,000 to the Defendant on April 10, 2015 without having set the due date for repayment, does not conflict between the parties, or that the Plaintiff received reimbursement of KRW 50,000,000 from the Defendant on August 30, 2016, out of KRW 350,000,000, out of the loan 350,000,000, from the Defendant, is also the Plaintiff.
Meanwhile, the Plaintiff submitted to this court a written application for payment order with a statement of intent to seek payment of KRW 300,000,000 against the Defendant (i.e., loan KRW 350,000,000 - Amount equivalent to KRW 50,000,000 for a person who was repaid by the Plaintiff) and served on the Defendant on April 2, 2018. The fact that the original copy of payment order was served on the Defendant by the Defendant’s filing of objection is apparent in the record.
According to the above facts, the defendant is obligated to pay to the plaintiff 30 million won and 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 3, 2018 to the date of full payment, which is obvious after the delivery of the original copy of the above payment order to the plaintiff, unless there are special circumstances.
(2) On March 6, 2017, the Plaintiff asserted that the Plaintiff paid KRW 40,330,391 as well as the amount of the Plaintiff’s share of KRW 2-3,391 on March 6, 2017, as well as the amount of the Plaintiff’s share of KRW 40,330,391 on March 6, 2017, it is recognized that the Defendant remitted KRW 40,30,391 to the Plaintiff on March 6, 2017 according to each of the evidence Nos. 2-3, 3, 391.
However, comprehensively taking account of the overall purport of the statements and arguments by Gap's evidence Nos. 2 and 5, the plaintiff transferred KRW 35,000,000 to the defendant on March 5, 2015, and the above KRW 35,000,000 on the same day was deposited into the comprehensive trading account of the new securities company, and on March 6, 2017.