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1. The Defendant: (a) KRW 30,000,000, and 12% per annum from August 1, 2012 to July 13, 2014, respectively, to the Plaintiff.
Reasons
1. On March 30, 2007, the Plaintiff transferred KRW 30,000 to the Defendant’s passbook on March 30, 2007. The Defendant: (a) paid interest rate of KRW 300,000 per annum (12% per annum); and (b) written an “investment premium certificate” with the content that the Plaintiff would make repayment two months after the request for reimbursement, and there is no dispute between the parties.
Meanwhile, the Plaintiff is a person who received interest from July 2012.
The defendant asserts that the plaintiff should pay 18 million won to the principal by the reversal of the agreement on the lending of a criminal complaint against himself/herself. However, since the interest agreement that the plaintiff filed a criminal complaint does not become retroactively null and void, it is not reasonable in itself as it is without merit.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 30 million and interest and delay damages after August 1, 2012.
2. Determination on the part of the claim amounting to KRW 50 million
A. The plaintiff from August 31, 2008 to the same year
9.1. The fact that a sum of KRW 50 million was remitted to the Defendant’s account is no dispute between the parties.
B. The plaintiff asserts that, prior to the claim for return of the loan, the defendant paid 10% or more of the profits each year to the management consulting company that he/she is C, and that the principal would be returned within two months from the time when the return was requested.
However, there is no evidence to prove this, and the above assertion is without merit.
C. Subsequent to the claim for the agreed amount, the Plaintiff asserts that the Defendant, upon solicitation of the investment in C with the Plaintiff, has a duty to return the principal of the investment in accordance with the agreement, even if any loss is incurred, since the return of the principal would be secured by himself/herself.
There is no dispute between the Defendant and the Plaintiff with the letter of undertaking to repay the investment amount of KRW 50,00,000 from D, the representative of C, around November 5, 2010, but this is the Defendant.