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1. The Defendant shall pay to the Plaintiff KRW 110,00,000 and the interest rate of KRW 15% per annum from May 1, 2018 to the date of complete payment.
Reasons
1. Facts recognized;
A. On October 22, 2013, the Plaintiff transferred the sum of KRW 200 million to the Defendant on October 22, 2013 at the time of lending money to the Defendant regarding the business of purchasing scrap metal, etc. from the site of removal of Suwon-gu Busan Metropolitan Government CD.
B. After that, on March 28, 2015, the Defendant drafted a letter of commitment performance (Evidence A 2) to the Plaintiff, stating that “The Defendant would sell the Defendant’s building within the earlier date and repay the principal amount of KRW 200 million to the Plaintiff even if having sold the Defendant’s building.”
C. The Defendant repaid the Plaintiff KRW 90 million out of the above KRW 200 million.
[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of KRW 110,00,000,000, and the damages for delay calculated at the rate of 15% per annum from May 1, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case.
Although the defendant alleged that the above KRW 200 million is not a loan, it is not an investment loan, even if the above amount is an investment loan, as long as the defendant promised to pay the above amount to the plaintiff by preparing a letter of performance of the above commitment (Evidence A2), the defendant is obligated to pay the above amount in accordance with the above payment agreement.
Therefore, the plaintiff's claim is reasonable, and it is so accepted and decided as per Disposition.