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1. The Defendant shall pay to the Plaintiff KRW 52,00,000 and the interest rate of KRW 15% per annum from June 17, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On October 15, 2013, the Defendant prepared a loan certificate stating that “50 million won shall be borrowed with the operating fund of the Bank of Korea, which shall be repaid on February 15, 2014.” to the Plaintiff.
B. On September 5, 2014, the Defendant issued to the Plaintiff a certificate of borrowing that “2 million won is borrowed from the Plaintiff. The repayment period shall be October 30.”
C. Around August 20, 2015, the Defendant asked the Plaintiff to pay KRW 52 million to the Plaintiff with the answer of “one-half million principal in exchange for the demand of the Plaintiff to pay the money.”
[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3, the purport of the whole pleadings
2. Determination
A. Plaintiff’s assertion 1) If the Plaintiff’s assertion that the Defendant lent KRW 35 million to the Plaintiff, the Plaintiff promised to offer KRW 8.5 million of the share sale loss and KRW 50 million including the money in the name of the gift gift for university admission to the Plaintiff’s father. The Plaintiff transferred KRW 35 million to the Defendant on October 16, 2013. In addition, on September 5, 2014, the Defendant borrowed KRW 2 million from the Plaintiff as interest for the borrowed money. Accordingly, the Defendant paid KRW 8 million to the Plaintiff as the interest rate for the borrowed money. Accordingly, the Defendant asserted that the Plaintiff should pay KRW 52 million to the Plaintiff, and the Plaintiff’s claim for delay payment from the day after the date of the instant complaint delivery to the Plaintiff should be paid KRW 50 million, the Defendant actually borrowed KRW 50 million from the Defendant, and the Plaintiff’s claim for delay payment from KRW 35 million to the Plaintiff.5 million of the Plaintiff’s account.
B. According to the above facts of determination, the Defendant calculated by adding 50 million won to the Plaintiff with the agreed amount based on the loan certificate as of October 15, 2013 and 2 million won as of September 5, 2014.