1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate from March 1, 2017 to February 7, 2018, and the following.

Basic Facts

On March 1, 2017, the Defendant prepared a loan certificate stating that “The Defendant borrowed KRW 100,000,000 from the Plaintiff on March 1, 2017, and the interest shall be calculated daily as three copies per month (3,000,000 per month) and repaid the principal amount of KRW 50,000,000 on January 10, 2018, and the remainder interest shall be repaid at once on January 31, 2018 (hereinafter “the loan certificate of this case”).”

[Ground of recognition] The entry of Gap evidence No. 1 and the assertion of the purport of the whole argument

A. The plaintiff's assertion that the defendant borrowed KRW 100,000,000 from the plaintiff but did not pay the principal and interest after the due date. Thus, the defendant is obligated to pay the plaintiff the loan amounting to KRW 100,000,000 and the delay damages.

B. The defendant's assertion that the defendant received KRW 100,000,000 from the plaintiff for the investment in the officetel business, and paid it to C to the owner of the officetel. The plaintiff's assertion that KRW 100,000,000 as claimed by the plaintiff is not a loan, but an investment amount.

According to the judgment of this court Gap's evidence No. 2, the plaintiff can be acknowledged that the defendant's mother transferred KRW 100,000,000 to the defendant's deposit account on March 1, 2017. On the same day, the plaintiff was prepared with the loan certificate of this case from the defendant on the same day. From this point, it is reasonable to view the above KRW 100,000 as the plaintiff's loan to the defendant.

Therefore, from March 1, 2017 to February 7, 2018, the loan amounting to KRW 100,000,000 to the Plaintiff, the Defendant is 25% per annum, which is the maximum interest rate under Article 2(1) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017); and from the following day to Nov. 29, 2018, it is clear that the service date of the copy of the complaint in this case is the service date of the copy of the complaint in this case; 24% per annum, which is the maximum interest rate under Article 2(1) of the Interest Limitation Act, and from the following day, May 1, 2019.