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1. The Defendant’s KRW 5 million and its 5% per annum from February 1, 2017 to December 22, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 5, 2012, the Plaintiff entered into an investment contract (hereinafter “instant investment contract”) with Defendant Company and C (this title D) under which the Plaintiff would invest KRW 300 million in the Defendant and C with respect to the construction of new building sites for the parking lot of the F Hospital located adjacent to the F Hospital in Sinposi, Sinpo-si, and the construction of the F Hospital rental contract.
B. On September 5, 2012, the Plaintiff, the Defendant, and C agreed to guarantee the principal of KRW 200 million out of the Plaintiff’s investment amount under the instant investment contract. On September 7, 2012, the Defendant and C borrowed KRW 200 million from the Plaintiff, but did not have any agreement on the loan amount, and the maturity date was set by mutual agreement, and the relevant certificate of the loan amount was drawn up.
Accordingly, the Plaintiff paid a total of KRW 200 million to the Defendant, including KRW 10 million on September 6, 2012 and KRW 100 million on September 7, 2012 (hereinafter “instant loan”).
C. From February 11, 2014 to May 31, 2016, the Defendant paid to the Plaintiff the sum of KRW 164.5 million, including KRW 16 million, and KRW 30 million on March 13, 2017, KRW 194.5 million.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 9 (including paper numbers), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff asserted that, from February 2014, the Defendant paid interest (the amount of KRW 2 million per month, and KRW 500,000 per month from September 2, 2016) on the instant loan to the Plaintiff, and that, from September 2, 2016, only KRW 130,000,000 which was paid by the Defendant on September 2, 2016 and KRW 30,000,000 which was paid on March 13, 2017, was appropriated for the principal of the instant loan. The remainder of the Defendant’s repayment was fully appropriated to the Plaintiff as interest on the instant loan. Accordingly, the Defendant is obligated to pay the Plaintiff the amount of KRW 70 million ( KRW 20,000, KRW 130,000 per month, KRW 300,00) and damages for delay.
In this regard, the defendant did not set interest on the loan of this case, so the defendant's repayment shall be the principal.