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1. Defendant B’s interest rate of KRW 79,80,000 and KRW 70,000 among the Plaintiff shall be from October 1, 2012 to the date of full payment.
Reasons
1. Basic facts
A. On March 14, 2011, the Plaintiff transferred KRW 30 million to an account under the name of Defendant B (hereinafter “D”) upon Defendant B’s request. On the same day, the Plaintiff transferred the money from Defendant B to the account in the name of Defendant D (hereinafter “D”).
(B) On April 6, 201, the Plaintiff, at the request of Defendant B, remitted the above amount of KRW 40 million to the account in the above D’s name at KRW 25,00,000 per share (hereinafter “the check number E”); and on the same day, he/she received a certificate of loan stating that the amount of KRW 20,000,000 per share per share is KRW 225,000,00,000 issued in the name of the Defendant as stated in the above loan certificate.
I. The above amount will be repaid on May 31, 201. The loan certificate stating the debtor B and C and the name of the defendant C was delivered, but the above loan certificate was signed by the defendant B and did not have the signature or seal affixed to the defendant C. C as the plaintiff was not repaid each of the above loans, and the defendant B demanded repayment to the defendant B around September 3, 2012, and around September 3, 2012, the plaintiff prepared and issued a cash custody certificate stating the "79,800,000 on September 3, 2012, the date of redemption" to the plaintiff as of September 3, 2012, and issued a copy of his identification card and a certificate of personal seal impression.
On the other hand, Defendant B and Defendant C are siblings, and Defendant C served as D’s auditor until May 6, 2010.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the determination as to the claim against Defendant B, Defendant B’s loan amounting to KRW 79,800,000 and the principal amounting to KRW 70,00,000 among the loans extended to the Plaintiff, Article 2(1) of the Interest Limitation Act within the scope of the agreed interest rate from October 1, 2012 to the date of full payment.