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1. Defendant B:
(a) 24% per annum from April 26, 2016 to the date of full payment for KRW 35 million.
Reasons
1. Basic facts
A. The Plaintiff traded money from around December 2015 with Defendant B, which was known as the introduction of Defendant C.
B. On April 29, 2016, Defendant B prepared, on April 25, 2016, a loan certificate of KRW 35 million with the amount borrowed from April 25, 2016 to June 25, 2016, and 2% per month with the interest rate (hereinafter “the instant loan certificate”).
C. From December 27, 2015 to August 27, 2017, the Plaintiff organized the number system of 21 unit (hereinafter “instant number system”). Defendant B subscribed 2.5 unit (No. 2, 11, and 18).
The number fraternity of this case shall not pay the fraternity in the month in which the fraternity receives the fraternity, and shall additionally pay 10,000 won per month after the fraternity receives the fraternity.
Defendant B paid KRW 1,250,000 on December 27, 2015; paid KRW 750,000 on January 27, 2016; received KRW 10,000,000 on KRW 2; and paid KRW 1,350,000 on February 27, 2016; and on March 27, 2016, Defendant B paid KRW 1,350,000 on KRW 27,000.
E. Since April 27, 2016, Defendant B did not pay the deposit amount, the Plaintiff replaced the 11st unit and the 18th unit to another fraternity. The 4.7 million won that Defendant B paid was appropriated as the deposit amount of the 2nd unit until August 27, 2016 to the 2nd unit that Defendant B already received.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings
2. Determination as to the claim against the defendant B
A. According to the above facts, Defendant B entered into a quasi-loan agreement with the Plaintiff by preparing the instant loan certificate.
As such, the Plaintiff is obligated to pay interest and delay damages at the rate of 24% per annum from April 26, 2016 to the date of full payment, as the Plaintiff seeks.
In addition, Defendant B is obligated to pay KRW 600,000 per month from September 27, 2016 to August 27, 2017 as the deposit amount for the old accounts No. 2, and the said deposit amount.