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1. The Defendant shall pay to the Plaintiff KRW 65,00,000 and the interest rate of KRW 20% per annum from November 20, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. The defendant is the actual operator of C Co., Ltd. (hereinafter "C"), and the non-party D is a person registered as the representative director of the above C with his father's father, and the non-party E and F is an employee working for C.
Serial 5,000,000 Won E on August 30, 201, the receipt account for the amount on the date of lending KRW 31,000,000 on September 19, 201, E 300 on September 28, 2011, KRW 40,000 on September 31, 201, E 5, 2000 on October 31, 201, KRW 500 on April 30, 201, KRW 8,000,000 on April 30, 2012, KRW 60 on August 10, 2012, KRW 700,000 on KRW D7,00,000 on December 15, 200,000 on December 24, 200,000 on KRW 710,000,000.
B. From August 30, 201 to December 24, 2012, the Plaintiff loaned KRW 71,000,000 to the Defendant via the account in the name D, E, and F, on seven occasions as indicated below.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-7, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of claim, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 71,000,000 won out of the loan 71,000,000, excluding the amount of KRW 65,000,000 (=71,000,000 - 6,000,000) remaining after the Plaintiff was repaid by the Defendant on January 21, 201, and to pay the amount calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 20, 2014 to the date of full payment, which is the day following the day when the duplicate of the complaint of this case was served to the Defendant as requested by the Plaintiff.
B. As to the judgment on the defendant's assertion, the defendant collected all the amount loaned to the defendant while arranging C, and therefore, the plaintiff did not have any obligation to repay to the plaintiff. However, there is no evidence to acknowledge the defendant's assertion, and the above argument by the defendant is without merit.
3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.