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1. The Defendant’s KRW 49,00,000 and its annual rate from July 31, 201 to July 10, 2015, respectively, to the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff lent a total of KRW 433 million to the Defendant from April 2010 to August 201, and the Plaintiff paid KRW 97 million out of the said money and did not pay the remainder of KRW 330 million.
Accordingly, upon urginging the Plaintiff to repay, on March 28, 201, the Defendant paid KRW 33 million out of the above loans on the day, and promised to pay the remainder of KRW 300 million by July 30, 201, and then prepared a loan certificate with respect to the above KRW 300 million (hereinafter “the instant loan certificate”) and delivered it to the Plaintiff.
However, on March 28, 2011, the Defendant did not pay KRW 33 million to the Defendant. Around that time, the Defendant paid KRW 250 million in total over several occasions from August 12, 2013 to August 12, 2013.
Therefore, the defendant is obligated to pay to the plaintiff the 82 million won in default of the above loan, and the damages for delay.
B. The defendant's assertion 1 does not have borrowed money from the plaintiff.
However, while the defendant collected funds from C, etc. and entrusted them to D who is an investment expert, the plaintiff, who became aware of such fact, decided to make a stock investment together and remitted the funds to the account under the name of husband E.
After that, when the Plaintiff lost a substantial portion of the investment amount due to failure in stock transactions in which 430 million won was invested, the Plaintiff asked the Defendant to find the Defendant and to prepare a loan certificate with the “to prepare it for the purpose of viewing it to the her husband of the complex,” and “to prepare it for the purpose of viewing it to the her husband of the complex.”
Accordingly, once the defendant prepared and issued the loan certificate of this case to the effect that 300 million won will be paid to the person who killed, and the amount that the defendant paid to the plaintiff is not the repayment of the loan, but the plaintiff raised to the plaintiff that "I want to die" after the stock investment was failed, and the defendant raised to the plaintiff as the plaintiff.