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1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 12% per annum from December 17, 2013 to January 25, 2016; and (b) January 26, 2016.
Reasons
1. According to the evidence Nos. 1, 2, and 11-1 of the evidence, and the overall purport of the Plaintiff’s newspapers and arguments as to the cause of the claim, the Plaintiff, on June 17, 2013, determined on June 17, 2013 as interest rate of KRW 50 million and due date of repayment on October 16, 2013 (hereinafter “instant loan”). The Plaintiff is a person who received interest on the instant loan from the Defendant from December 16, 2013 after the date of borrowing.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 50 million won with interest rate of 12% per annum from December 17, 2013 to January 25, 2016, the delivery date of the complaint of this case, and 15% per annum from January 26, 2016 to the day of full payment, as the plaintiff seeks.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion asserts that, on June 17, 2013, the Plaintiff borrowed KRW 50 million from a double-class C, which was the second-class C, and that, upon C’s request, the Plaintiff only prepared the evidence No. 1 (Evidence) and did not borrow the said money from the Plaintiff.
B. Each entry in the evidence Nos. 4-1 and 2, which seems consistent with the Defendant’s argument, is difficult to believe.
In addition, according to Gap evidence No. 1 and Eul evidence No. 1, the plaintiff's newspaper results, and the purport of the whole pleadings, the agreement was made to make a prior payment of the interest for four months from the loan of this case to the maturity date on May 30, 2013, which was prior to the loan of this case. The defendant paid 200,000 won as interest on the loan of this case to Eul other than the plaintiff on October 17, 2013 and November 15, 2013, which was after the maturity date, and paid 50,000 won as interest on the loan of this case to Eul who was not the plaintiff on November 17, 2013, and the plaintiff was specially employed to D corporation operated by the defendant with the introduction of the plaintiff to May 9, 2015.