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1. As to KRW 274,076,948 and KRW 199,673,714 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from February 29, 2012 to June 10, 2014.
Reasons
1. Determination as to the claim for interest amounting to KRW 140 million on April 20, 2009 and the claim for interest amounting to KRW 143.5 million on April 20,
A. On April 20, 2009, the Plaintiff and the Defendant agreed to borrow KRW 100,000 from the Plaintiff as interest rate of KRW 3% on behalf of the Plaintiff, and to pay the Plaintiff interest of KRW 60,000 and KRW 3% on behalf of the Plaintiff from October 20, 209.
Therefore, the Defendant is obligated to pay the Plaintiff the interest or delay damages from April 2009 to the Plaintiff for the remainder of KRW 143.5 million, excluding the amount of KRW 160 million directly recovered from C (i.e., KRW 160 million - KRW 16.5 million) and for the remainder of KRW 43.5 million from October 20, 2009.
B. Determination as to the cause of the claim 1) The following facts are acknowledged in full view of the purport of the entire arguments in Gap evidence Nos. 11 through 14, 17, 18, 20, and 22. A) The plaintiff initially agreed to pay KRW 100 million for the remainder of the agreed amount from the defendant. On April 3, 2009, upon the defendant's request, the plaintiff received KRW 70 million out of the above KRW 100 million and agreed to pay KRW 60 million on behalf of the plaintiff in lieu of the defendant's loan treatment from the plaintiff.
B) On April 3, 2009, D, the Defendant’s spouse of the Defendant, paid KRW 70 million to the Plaintiff on the same day, and on the same day, the Defendant: (a) prepared and delivered to the Plaintiff a cash custody certificate stating that “the Defendant borrowed KRW 30 million from the Plaintiff on June 3, 2009, with the maturity of payment of KRW 30 million fixed at 3% per month and interest; and (b) the Defendant, on behalf of the Plaintiff, repaid KRW 60 million to the Plaintiff on behalf of the Plaintiff by September 3, 2009; and (c) agreed to lend KRW 100 million to the Defendant on April 20, 209 by again setting the interest rate of KRW 30 million as above; (b) in fact, the Defendant agreed to lend KRW 70 million to the Plaintiff on April 3, 200, 100 won after deducting KRW 1.3 million from the total loans of KRW 70 million,000,000 (3.7 billion).