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1. The Defendant shall pay to the Plaintiff KRW 100,000,000 and the interest rate of KRW 18% per annum from November 30, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. C, which had been in an internal relationship with the Defendant, had been engaged in monetary transactions with D prior to October 2014, and requested D to lend money around September 2014.
D requested the Plaintiff to lend money, and the Plaintiff demanded the guarantee for the loan.
B. On August 11, 2014, the Defendant entered into a lease agreement with E as to the lease deposit of KRW 230,000,000 and KRW 1103 from September 15, 2014 to September 15, 2016, and resided in the said real estate. On October 1, 2014, the Defendant notified E of the assignment of claims to the effect that “E entered into a contract with the effect that it transfers KRW 100,000,000 out of the lease deposit return claim of KRW 230,000,000 to the Plaintiff.”
C. The Plaintiff demanded the preparation of a loan certificate. On October 26, 2014, the Defendant drafted a loan certificate stating that the Plaintiff borrowed KRW 100,000,000 from the Plaintiff on October 1, 2014, the interest rate of KRW 1.5% per month, the due date for payment on October 1, 2015, and the due date for payment of interest on October 1, 2015 (hereinafter “the instant loan certificate”). D.
The Plaintiff paid money to C through D from October 2014 to November 2014.
C On November 8, 2014, transferred the interest KRW 1,500,000 to the bank account under the Plaintiff’s name.
E. On August 19, 2015, the Defendant: “The Defendant transferred KRW 100,000,000 among the claim for the return of lease deposit to the Plaintiff on October 1, 2014, and borrowed the said money; provided the bank with collateral for the lease contract; and agreed to repay KRW 100,00,000 upon receiving the loan. The Plaintiff, on August 19, 2015, terminated the contract for the transfer and takeover of the claim and notified the lessor of the termination. The Defendant, upon receiving the loan, issued a letter of loan to the effect that “The Defendant shall repay KRW 100,000,000 to the Plaintiff immediately after receiving the loan.”
C On September 3, 2015, the Plaintiff prepared a certificate of borrowing that “C borrowed KRW 100,000,000 from the Plaintiff on September 25, 2014.”