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1. The Defendant shall pay to the Plaintiff KRW 195,00,000 as well as 24% per annum from May 14, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant came to know of each other in around 2006 while serving as a loan consultant at Samsung Fire Insurance Co., Ltd.’s lending team, and the Plaintiff retired from each of the above companies around the first half of 2011, and the Defendant retired from the company around 2008.
B. The Plaintiff and the Defendant settled the amount loaned and the amount repaid by the Plaintiff around December 12, 201, when making a lot of monetary transactions from around August 7, 2007 to November 23, 201.
Therefore, the Plaintiff agreed to lend the Defendant a total of KRW 295,00,000,00 as stated in the attached Table 1, at 24% per annum and at 36% per annum for overdue interests.
C. The Plaintiff received interest on KRW 295,000,000 from the Defendant until June 2013.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 7, 9 through 14, Eul evidence 1, the purport of whole pleadings
2. Determination
A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 195,000,000 of the loan 195,000,000, excluding the remainder of KRW 100,000,000 that the Plaintiff paid after December 12, 2012, and damages for delay at the rate of 24% per annum within the scope of delay damages from May 14, 2016 to the day of complete payment.
B. The Defendant’s assertion that the loan certificate that did not reflect the accurate relation of rights and obligations is null and void. The Defendant’s determination on the assertion that the loan certificate is null and void is merely a broker for a monetary transaction between the Plaintiff and another person on December 12, 2012 (a total of KRW 295,00,000,000 as stated in the evidence A No. 1), and the above loan certificate that did not reflect the accurate relation of rights and obligations is null and void. However, the above loan certificate is a document stating the result of settlement of money between the Plaintiff and the Defendant, even if it does not accurately reflect the relation of rights and obligations between the Plaintiff and the Defendant.