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1. The defendant shall calculate the amount of KRW 50 million to the plaintiff at the rate of 15% per annum from December 16, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Defendant is the Plaintiff’s early car who actually runs the oil sales business C Co., Ltd. (hereinafter “C”).
B. From November 18, 2009 to October 23, 2012, the Plaintiff wired the amount of KRW 100 million on October 23, 2012, to five occasions in the Defendant’s new bank account (Account Number D and new E), including KRW 600 million (200 million on November 18, 2009; KRW 200 million on December 28, 2009; KRW 100 million on January 19, 201; KRW 100 million on October 12, 201; KRW 100 million on October 23, 2012 (the Plaintiff is the third date for pleading, and the date of remittance is specified as December 12, 2012, but appears to be an error).
The Plaintiff’s endorsement of Defendant 10 million won on December 15, 201, on August 201, 201, 201, on the issue date of the bill issued by the issuer at the order of non-payment, and on June 30, 201, Defendant 10 million won, Defendant 200 million won, on August 11, 201, 201, jointly and severally guaranteed by Defendant 100 million won on December 26, 2013, March 25, 2013, Defendant 10 million won on March 25, 2013, Defendant 201.
C. Meanwhile, the Plaintiff received four copies of promissory notes from the Defendant from January 18, 2011 to January 5, 2013 as follows:
(hereinafter referred to as "bills" in the sequences when specifying individual bills). [Grounds for recognition] There is no dispute; Gap's statements in Gap's 1 through 7, 13, and 14; the result of an order to submit financial transaction information to new banks; the purport of the whole pleadings;
2. The parties' assertion
A. The Plaintiff leased KRW 600 million to the Defendant as above, and only KRW 100 million out of KRW 1180,000,000 on November 20, 2009 was paid to the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff the principal amount of KRW 500,000 and damages for delay.
B. Defendant 1) The Plaintiff did not lend the above money to the Defendant, but invested or lent it to C. Thus, it is unreasonable to hold the Defendant liable for the said money. 2) Even if the Plaintiff lent the said money to the Defendant, the Defendant repaid KRW 14 million to the Plaintiff.
3. Determination
A. The nature of the money remitted by the Plaintiff, the evidence before the borrower, the evidence No. 1, and the witness.