beta
Text
1. The Defendant’s KRW 50,000,000 and its interest thereon to the Plaintiff are 15% per annum from March 28, 2019 to May 31, 2019.
Reasons
1. Basic facts
A. The Plaintiff remitted total of KRW 50 million to the Defendant, including KRW 25 million on August 2, 2018 and KRW 25 million on August 13, 2018.
B. On August 21, 2018, the Defendant prepared and rendered to the Plaintiff the loan certificate stating that “I will prepare this certificate because I borrowed KRW 50 million to the Plaintiff” (hereinafter “the instant loan certificate”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The Plaintiff asserted and determined that the Plaintiff claimed a return of KRW 50 million to the Defendant based on the instant loan certificate, and that the Defendant did not have any obligation to return to the Defendant, since the Plaintiff borrowed KRW 50 million from C, not the Plaintiff.
In light of the facts that the Plaintiff remitted KRW 50 million to the Defendant according to C’s instructions, there is no dispute between the parties, and the Defendant agreed to refund KRW 50 million to the Plaintiff at least at the time of the preparation of the above loan certificate, in full view of the following circumstances, i.e., the Plaintiff deposited KRW 50 million to the Defendant, which are acknowledged in addition to the purport of the entire pleadings. The Plaintiff sought the return of the above money to the Defendant, and the Plaintiff prepared and issued a loan certificate to the effect that “the Defendant borrowed KRW 50 million to the Plaintiff.” In addition, it is reasonable to deem that the Defendant agreed to refund KRW 50 million to the Plaintiff at least at the time of the preparation of the above loan certificate.
Therefore, the defendant is obligated to pay to the plaintiff 50 million won and 15% per annum from March 28, 2019 to May 31, 2019, 2019 to the day following the delivery date of a copy of the complaint, as requested by the plaintiff, with 12% per annum from the next day to the day of complete payment.
[The provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 2150, May 21, 201