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1. The Defendant’s KRW 49,972,602 as well as the Plaintiff’s annual rate from March 12, 2004 to October 8, 2014, and the following.
Reasons
1. According to the evidence No. 1 and No. 2 of the judgment as to the cause of the claim, the defendant was prepared and delivered a cash custody certificate stating that he borrowed KRW 50 million from the plaintiff on October 21, 2003 and stored the above money until December 30, 2003, and the plaintiff remitted 50 million to the defendant on October 22, 2003. Thus, barring any special circumstance, the defendant is liable to pay to the plaintiff the above borrowed amount of KRW 50 million and interest or delay damages thereon.
2. Judgment on the defendant's assertion
A. As to this, the Defendant, at the Plaintiff’s request, remitted cash of KRW 16.5 million to C and D, it is inferred that the said money was appropriated for the repayment of principal and interest.
According to the statement in evidence Nos. 1, 1, 30,000 won to C on November 6, 2003, 12,50,000 won on December 12, 2003, 25,000 won on December 35, 2003, 40,000 won on January 2, 2004, 17,000 won on January 2, 2004, 200, 17,000 won on February 3, 2004, and 50,000 won on February 3, 2004; and
4. The fact that he remitted a total of KRW 10.5 million including KRW 1 million to D, the fact that he remitted a total of KRW 5 million including KRW 3 million on January 22, 2006, and KRW 2 million on March 7, 2006 to D, is recognized, but there is no evidence to acknowledge that the above remittance details are repaid by the Defendant on behalf of another person upon the Plaintiff’s request.
Meanwhile, according to the evidence Eul evidence No. 1, the defendant remitted 1 million won to the plaintiff on March 11, 2004. If so, 972,602 won (50 million won x 0.05% x there is no special interest agreement) out of the above 1 million won, and thus, 5% of the above 1 million won shall be regarded as legal interest per annum. x 142 days x 365 days from October 22, 2003 to March 11, 2004 / 365 days) the interest or delay damages from March 11, 2014, and the remaining 27,398 won were appropriated to the principal, and therefore, this part of the defendant's assertion is justified.
B. In addition, the defendant around February 2006 invested the plaintiff and 50 million won each around February 2, 2006 to operate a entertainment room.