beta
Text
1. The Defendant shall pay to the Plaintiff KRW 10,696,857 and the interest rate of KRW 24% per annum from June 11, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On September 16, 2013, the Plaintiff transferred KRW 14.2 million, excluding KRW 8 million from KRW 15 million to the Defendant’s financial account, under the pretext that prior interest should be deducted.
B. The Defendant wired the Plaintiff KRW 4.6 million to the Plaintiff’s bank account, ① on November 16, 2013, ② KRW 200,000 on November 25, 2013, ③ KRW 80,000 on January 27, 2014, ④ KRW 850,000 on March 11, 2014, ⑤ KRW 50,800 on March 28, 2014, ⑤ KRW 850,00 on May 17, 2014, and KRW 7.5 million on June 10, 2014.
C. Meanwhile, on November 6, 2015, the Plaintiff filed a lawsuit against the Defendant for a loan claim with the Ulsan District Court 2015Kadan26855, and sought payment of KRW 135 million, but the Plaintiff voluntarily withdrawn the lawsuit on March 7, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, 3, and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that (1) on September 16, 2013, lent KRW 15 million to the Defendant, and that the Plaintiff agreed to lend KRW 25 million to the Defendant at the time, together with the amount of KRW 25 million that the Plaintiff lent to the Defendant at the time, the Plaintiff agreed to lend KRW 40 million to the Defendant at the rate of 2% per month. Thus, the Defendant is obliged to pay the Plaintiff a loan amount of KRW 40 million and damages for delay.
(2) As to this, the Defendant asserts that ① the amount of KRW 25 million borrowed from the above C is separate, such as the full repayment to the above C, and that the Plaintiff borrowed KRW 14.2 million from the Plaintiff, ② there was no interest agreement between the Plaintiff and the Defendant at the time, and ③ among them, the Plaintiff paid KRW 4.6 million to the Plaintiff.
B. (1) As to the borrowed principal, the fact that the Plaintiff paid KRW 14.2 million to the Defendant was seen earlier, and according to the evidence as seen earlier, the statement in subparagraph 1, and witness C’s testimony, the Defendant was liable to pay a maximum amount of loans to the above C as of September 16, 2013, and the above C borrowed KRW 25 million from the Plaintiff.