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1. The Defendant’s KRW 195,00,000 for the Plaintiff and KRW 5% per annum from August 23, 2017 to February 12, 2019.
Reasons
1. Determination on the cause of the claim
(a) The following facts may be found either in dispute between the parties or in accordance with Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 10, Eul evidence No. 110, 11, together with the purport of the entire pleadings:
1) The Plaintiff, upon the Defendant’s introduction, is Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”).
(2) On January 20, 2017, an amount of KRW 195 million was extended by 2015-12-12-30,000,000 on the date (monthly) and then 0.02% on December 29, 2016, the Defendant extended the amount of KRW 2016-21-21,000 on December 29, 2017 to KRW 0.15% on January 20, 2017 (hereinafter “Plaintiff’s 2016-05,00530,000,000,000) and delivered to the Plaintiff on January 20, 2018 (hereinafter “Plaintiff’s 201-201,000,0000,000,0000 won) the Plaintiff’s 201-30,016-10,017.
3. On the other hand, the non-party company did not pay the principal of the above loan to the plaintiff, and the non-party E, the representative of the non-party company, was convicted of the criminal facts by deceiving the victims, such as the plaintiff, etc. with money as above.
B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above contract amounting to KRW 195 million, and damages for delay from the day after the delivery date of the original copy of the payment order of this case, which is the filing date, to the plaintiff, unless there are special circumstances.
The Plaintiff is also seeking the payment of interest calculated at the rate of 12% per annum from June 17, 2016. Thus, according to the statement in Gap evidence No. 1, it can be recognized that the above loan certificate contains "interest rate of 12% per annum," but it is based on the same evidence.