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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from April 12, 2019 to the date of full payment.
Reasons
Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 4, the plaintiff lent KRW 80 million to C. The defendant, on April 7, 2018, shall take over KRW 50 million out of the loan debt owed to the plaintiff as of April 7, 2018, and the defendant agreed to make payment in installments on August 30, 2018 and December 30, 2018.
According to the above facts, since the defendant acquired KRW 50 million among C's loan loan obligations, it is obligated to pay to the plaintiff 50 million won and damages for delay calculated at the rate of 12% per annum from April 12, 2019 to the date following the delivery date of the original copy of the instant payment order sought by the plaintiff.
On the other hand, the defendant submitted Eul evidence Nos. 1 and 3 to the effect that C shall be limited to KRW 42,330,000,000,000,000 from C's loan to KRW 80,000,000,000,000,000,000 for the plaintiff's accommodation and accommodation, and that C shall be limited to KRW 42,330,00,00,000.
However, even if based on the statement in Eul evidence No. 1, the amount claimed by the defendant was repaid by the defendant before April 7, 2018, which was prepared by the defendant, and even if it was based on the defendant's assertion, C was exempted from the outstanding amount of room and board expenses. Thus, even if considering all the amount claimed by the defendant, C's obligation of borrowed money exceeds KRW 50 million which the defendant acquired.
The defendant's assertion is not accepted.
The plaintiff's claim is justified, and it is so decided as per Disposition.