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1. The Defendant’s KRW 24,984,375 as well as the Plaintiff’s annual rate from December 5, 201 to December 1, 2014.
Reasons
1. The following facts may be found either as a dispute between the parties or as a whole with respect to the entries in Gap evidence 1 to 4 and the testimony of the witness C, taking into account the whole purport of the pleadings:
D On September 3, 2009, as a broker of C, the Plaintiff drafted an agreement of non-loan and a loan transaction agreement with the effect that the Plaintiff will lend KRW 25,00,000 to the Defendant at an interest rate of KRW 2.5% per month, and the due date of repayment as of September 2, 2010.
B. On September 3, 2009, the Plaintiff remitted KRW 24,375,00,000, deducting a monthly interest of KRW 625,000 from the bank account (F) in the name of Nonparty E, who was notified by C, to the Defendant, and C deposited its money of KRW 625,00 on the same day, and then remitted KRW 20,150,000 to Nonparty G designated by the Defendant, and then remitted the remainder of KRW 4,850,00 to the Defendant.
2. The assertion of the party and the judgment thereof
A. 1) The plaintiff alleged that the borrower of the loan of this case lent KRW 25 million to the defendant through C. In this regard, the defendant's mother's title INaNa 302 of Incheon Gyeyang-dong No. 302 (hereinafter "the building of this case") in the name of the defendant.
(2) The following facts are acknowledged in light of the following facts: (a) the Plaintiff provided as security and borrowed KRW 25 million to the Plaintiff; and (b) the fact of recognition was examined; and (c) the testimony of the witness Gap 3 through 9 and the purport of the entire pleadings.
A) Upon the introduction of J on September 3, 2009, C mediated a loan agreement to provide the Plaintiff with the instant building as security by the Defendant and to lend KRW 25,00,000 to the Defendant on September 2, 2010 at an interest rate of 2.5% per annum, and the due date for repayment as of September 2, 2010. Accordingly, C and the Plaintiff and the Defendant entered into a loan transaction agreement and a loan transaction contract with the same content, and the registration was completed on September 3, 2009 with respect to the instant building as the maximum debt amount of KRW 37,50,000, the obligor, and the Defendant and the mortgagee as the Plaintiff (B).