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1. The Defendant’s KRW 35,00,000 as well as annual 6% from October 1, 2014 to August 12, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 26, 2014, the Defendant entered into a contract on the PM management of multi-family housing development projects within the urban development project area of the Gu, the Gu and America, under which “the terms and conditions of the sales contract for the project site and the land where the replotting has been deferred, consultation on the terms and conditions of the sales contract, and support for the conclusion of the contract, etc.” with PDC, which is intended to operate a multi-family housing project in the Gu and
B. Around August 1, 2014, the Plaintiff agreed to pay to the Plaintiff KRW 35 million in addition to the purchase price of the above shares.
C. On August 1, 2014, the Defendant prepared and issued to the Plaintiff a certificate of borrowing that “the Defendant regularly borrowed KRW 35 million from the Plaintiff on August 1, 2014, and confirmed the repayment by September 30, 2014” (hereinafter “the instant certificate of borrowing”).
[Reasons for Recognition] Evidence No. 1, Evidence No. 3 (including Ga number), and the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the loan amount of KRW 35 million under the quasi-loan agreement for consumption with the aim of the loan for consumption, as well as the interest rate of KRW 6% per annum as prescribed by the Commercial Act from October 1, 2014 to August 12, 2015, the delivery date of a copy of the complaint of this case, and the interest rate of KRW 20% per annum from the following day to September 30, 2015, and the interest rate of KRW 15% per annum from the next day to the day of full payment.
3. Judgment on the defendant's assertion
A. The Defendant: (a) the loan certificate of this case was prepared in a formal sense without giving and receiving money at the Plaintiff’s request, the applicant for collective land substitution, in order to facilitate the progress of the collective housing business of PDD Co., Ltd.; and (b) such agreement between the Plaintiff and the Defendant based on the loan certificate of this case.