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1. The Plaintiff:
A. Defendant B shall pay full amounts of KRW 77,448,183, among them, and KRW 124,076,766 from March 9, 2019.
Reasons
1. Basic facts
A. The Plaintiff leased Defendant B a total of KRW 90 million to Defendant B as follows, and each cash custody certificate stating such loan was prepared by Defendant B (hereinafter “each cash custody certificate of this case”).
(hereinafter referred to as “each of the instant loans”). The amount due on the date of repayment Nos. 40 million won on May 2, 2017 shall be KRW 30 million on May 2, 2017, and KRW 30 million on May 23, 2017, KRW 20 million on October 3, 2017, and KRW 23,000,000 on August 23, 2017.
Defendant C promised to pay the principal by no later than May 25, 2018, the cash custody certificate of April 20, 2018 (hereinafter referred to as “cash custody certificate of April 20, 2018”).
3) The Plaintiff provided the Plaintiff with the Plaintiff with the Plaintiff’s certificate No. 1 to 3, Gap’s certificate No. 1 to 2, Gap’s certificate No. 3-1 to 4, Gap’s certificate No. 8, Eul’s certificate No. 1, and the purport of the entire pleadings.
2. Determination as to the claim against the defendant B
A. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 90 million, which shall be paid to the Plaintiff from each of the cash custody certificates of this case, and the delay damages therefrom, unless there are special circumstances.
B. Defendant B alleged to the effect that the Plaintiff paid KRW 24,30,000 to the Plaintiff out of the borrowed money from the Plaintiff, and according to the Plaintiff’s evidence Nos. 1, Defendant B’s allegation that Defendant B paid KRW 23,250,000,000 to the Plaintiff, as indicated in each of the “the date of repayment” and “amount of repayment” in the “Calculation of Amount appropriated” in the attached Table No. 2. 1, the “Calculation of Amount appropriated” as indicated in the “Calculation of Amount appropriated,” but there is no evidence to prove that Defendant B paid KRW 23,250,000,000 to the said amount exceeding the said KRW 2,325,00.
C. The Plaintiff asserted that Defendant B agreed to receive interest calculated by the ratio of 3 parts per month with respect to monetary claims of KRW 90,000,000,000 as stated in each of the cash custody certificates of this case. The Plaintiff’s assertion 1-3 and No. 9 are as follows.