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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from June 20, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. In around 2003, the Plaintiff, via the Defendant’s introduction, invested 60 million won in his money and 30 million won in his money to C who is the Defendant’s seat through the Defendant’s introduction, and made money transactions with the Defendant several times.
B. On June 14, 2012, the Defendant: “Around February 12, 2007, the Defendant borrowed KRW 60 million from the Plaintiff; and on February 12, 2014, issued a notarized certificate to the Plaintiff, and then delivered it to the Plaintiff.”
[Ground of recognition] Facts that there is no dispute or no express dispute, entry of Gap evidence 1, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from June 20, 2016 to the day of full payment, which is the day following the day when the original copy of the instant payment order was served on the Defendant, as requested by the Plaintiff, as the repayment date, after the payment date.
B. On the part of the defendant's argument, the defendant asserts to the effect that the plaintiff is unable to respond to the plaintiff's claim on the ground that the plaintiff was not legally effective since it was merely prepared to hold the plaintiff's intentional liability through intimidation by the plaintiff's husband E who purchased C's property.
In full view of the statements and the purport of the entire arguments in Eul evidence Nos. 1, 2, and 3, the plaintiff received a total of KRW 50 million on May 2, 2007, and KRW 80 million on May 2, 2007, and KRW 11,00,000 on a deposit account in the name of the plaintiff as the defendant's assertion, but it is recognized that the plaintiff received a transfer of KRW 80,000,000 from Eul, which is the husband of D, to the plaintiff. However, when the defendant prepared the above loan certificate and delivered it to the plaintiff with a notarized deed, the defendant issued the above loan certificate.