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1. The Defendant’s KRW 89,50,000 as well as the Plaintiff’s annual rate of 5% from September 25, 2012 to October 6, 2016, and the following.
Reasons
1. The Plaintiff, at the Defendant’s request, lent money to the Defendant as follows.
① On September 17, 2012, KRW 4,500,000; Plaintiff’s national bank account to C’s designated account.
② On September 19, 2012, KRW 10,00,000; and the cash withdrawn from the Plaintiff’s national bank account was delivered to the Defendant.
③ On September 24, 2012, KRW 1,00,000; KRW 65,000,000 in cash held by the Plaintiff in the previous week; first, the Defendant was delivered at a P.M. to the Defendant; first, the Plaintiff’s periodical installment payments in Seoul was cancelled in the P.M.; first, KRW 45,000,000 was granted loans from Samsung Bio-resources; and all KRW 9,00,000,000 was granted to the Defendant in cash.
④ On September 25, 2012, KRW 10,00,000; KRW 10,000 from the Plaintiff’s national bank account; and the Defendant had withdrawn a ten million check from the Plaintiff’s national bank account and delivered it to the Defendant.
[Reasons for Recognition] A-4, 7, 8, Eul evidence Nos. 1-16 (including the whole number), Korean National Bank, and regional concentration center, the result of each order to submit financial transaction information, the whole purport of the arguments, as a whole.
2. The Defendant is obligated to pay the Plaintiff the interest and delay damages calculated at the rate of 89,50,000 won (=4,50,000 +10,000 +65,000 +10,000 +10,000 + 10,000,000) under the Civil Act from September 25, 2012 to October 6, 2016, the delivery date of the copy of the instant complaint, which is the date of the instant loan, to the day of full payment, the amount of interest and delay damages calculated at the rate of 5% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
3. Judgment on the defendant's assertion
A. The Defendant’s assertion (i.e., the Defendant borrowed money from the Plaintiff).
The plaintiff only lent money to C, not the defendant, and C was sentenced to imprisonment with prison labor due to criminal facts, such as that C acquired 350 million won or more from the defendant, and the plaintiff was unable to repay the borrowed money, and it was argued that C lent money to the defendant.
Dor. The Plaintiff