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1. The Defendant’s KRW 54,763,894 as well as 5% per annum from February 21, 2014 to January 18, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. Upon the Defendant’s request, the Plaintiff lent a total of KRW 64,00,000 on three occasions from April 30, 2009 to June 24, 2009 to D’s account operated by the Defendant’s wife C or Defendant, and agreed to receive payment after one year.
B. The Defendant remitted to the Plaintiff KRW 1,00,000 on September 4, 2009, KRW 500,000 on October 19, 2009, KRW 500,000 on November 20, 2009, KRW 8,510,000 on November 9, 2012, and KRW 3,00,000 on January 9, 2014, and KRW 7,000,000 on February 20, 2014, respectively.
[Reasons for Recognition] Uncontentious Facts, Gap 1, 2, Eul 2, the purport of the whole pleadings
2. The interest rate of KRW 2,00,00,00 which the Defendant paid up to November 20, 209, was appropriated for the repayment of principal (the principal shall be KRW 62,00,000), and KRW 7,372,054 (the interest rate of KRW 62,00,000 per annum from June 25, 2010 to November 9, 2012) out of the amount of KRW 8,510,00 which was repaid on November 9, 2012 (the balance of principal shall be KRW 60,862,054), was calculated at the rate of five percent per annum from June 25, 200 to the amount of principal (the interest rate of KRW 60,862,054), and the remainder of KRW 10,00,000,000 among the amounts paid up to February 20, 2013; and
(The Defendant is obligated to pay to the Plaintiff the remaining principal KRW 54,763,894 and the damages for delay calculated at the rate of 5% per annum under the Civil Act from February 21, 2014 to January 18, 2017, which is the date of the instant judgment, and the date of full payment from the following day to the date of full payment.
Although the Defendant asserts to the effect that the money received from the Plaintiff is an investment deposit, it is difficult to view that the Plaintiff paid the said money with the investment deposit in light of the e-mail contents, etc. exchanged between the Plaintiff and the Defendant.
On the other hand, the Plaintiff received business allowances from the Defendant.