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1. The Defendant shall pay 85 million won to the Plaintiff and 15% per annum from September 8, 2015 to the date of complete payment.
Reasons
In order to acquire the defendant, the plaintiff transferred a total of KRW 85.6 million to the defendant's account or to the account designated by the defendant as shown below, but thereafter the plaintiff failed to accept the defendant.
(C) Fact that there is no dispute, and Gap's evidence No. 2). The defendant asserts that the above amount transferred to the defendant on December 23, 2014, KRW 50 million, KRW 10 million on December 31, 2014, KRW 50 million on December 31, 2014, KRW 10 million on January 5, 2015, KRW 10 million on January 26, 2015, KRW 1.3 million on January 26, 2015, KRW 1.3 million on January 27, 2015, KRW 300,000 on February 4, 2015, the above amount transferred to the defendant, so the defendant must pay the above amount to the plaintiff.
In regard to this, the defendant company asserts that the plaintiff voluntarily transferred the above money to the defendant company to bear all the expenses necessary for the acquisition of the defendant company, and that it is not a loan because the plaintiff would have been allocated 50% of the profits when the defendant company is awarded a successful bid in the process of acquisition.
In light of the following circumstances: (a) the amount transferred is not the small amount of the difference; and (b) even according to the Defendant’s assertion, the said transferred money was used as operating funds, such as repayment of the Defendant’s debt; and (c) the Plaintiff should be deemed to have lent the said money to the Defendant for the purpose of changing the Defendant’s financial difficulties.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 15% per annum from September 8, 2015 to the day of full payment, which can be seen as a peremptory notice for a considerable period of time with respect to the above loan amounting to KRW 85.6 million, to the Plaintiff.
Thus, the plaintiff's claim of this case is justified and accepted.