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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 24% per annum from November 24, 2017 to the day of full payment.
Reasons
1. The fact that, on March 24, 2015, the Plaintiff determined KRW 100 million to the Defendant at an annual interest rate of 24% (hereinafter “instant loan”) as to the cause of the claim, there is no dispute between the parties, and the Plaintiff is a person who received interest from the Defendant until November 23, 2017 on the said loan.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the interest rate of KRW 100 million and the damages for delay calculated by applying the agreed interest rate of KRW 24% per annum from November 24, 2017 to the date of full payment.
2. Judgment on the defendant's defense
A. On March 25, 2015, it is insufficient to recognize that the Defendant paid KRW 5 million to the Plaintiff on March 25, 2015 only with the statement of KRW 5 million No. 1 on March 25, 2015. Moreover, even according to the Defendant’s assertion, it is difficult to deem that the Defendant was paid as a repayment for the instant loan. The evidence submitted by the Defendant on March 25, 2015 alone is insufficient to recognize that the amount of the Defendant’s admission to the instant loan was paid as a repayment for the instant loan, and there is no other evidence to acknowledge otherwise.
3. In full view of the purport of the argument in the statement No. 50 million won as of May 31, 2016, the Plaintiff informed the Defendant of D’s account number on May 31, 2016, and the Defendant recognized that he remitted KRW 50 million from E’s account as of the same day to D’s account, and the following circumstances acknowledged by the evidence that the Plaintiff informed the Defendant of D’s account number, i.e., the reason is not clearly explained even though the Plaintiff acknowledged that he knew of D’s account number, and around that time, the Plaintiff appears to have no particular reason to remit money as designated by the Plaintiff, as well as the instant loan.