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1. The Defendant’s KRW 60,000,000 as well as to the Plaintiff’s KRW 12% per annum from March 28, 2014 to September 21, 2015.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion asserts that, on March 28, 2014, the Plaintiff leased KRW 60 million to the Defendant by setting the interest rate of KRW 12% per annum and one year for repayment, the Defendant is obligated to repay the above KRW 60 million to the Plaintiff.
B. On March 28, 2014, the Defendant asserted that C leased the store located in the 1st floor, Dobong-gu Seoul Metropolitan Government E (hereinafter “instant store”) from D on a deposit basis of KRW 60,000,000, and allowed the Defendant to use the instant store under the condition that C would receive 1% interest on the 60,000,000,000 from the Defendant, and the Defendant borrowed money from the Plaintiff, and even if D borrowed money from the Plaintiff, as long as D deposited the lease deposit with the deposited money, the Defendant paid the deposit to the Plaintiff within the scope of the deposit. Therefore, the Defendant did not have any obligation to pay the Plaintiff KRW 60,00,00.
2. Determination
A. In full view of the facts stated in the evidence Nos. 1 and 2 and the purport of the entire pleadings in the testimony of the witness C, the Plaintiff leased the lease deposit from the Defendant on March 28, 2014 upon the request of the Defendant to lend the lease deposit amount of KRW 60 million to the lessor D of the instant store that the Defendant intended to lease on March 28, 2014. However, the Plaintiff asked the Defendant to receive the loan certificate from the Defendant because there is no time to receive the loan certificate from the Defendant and requested the Defendant to deliver the loan certificate to the Defendant, and the Defendant also requested the Defendant to deliver the loan certificate to C. The Defendant made the loan certificate (Evidence No. 2) on March 28, 2014. However, the loan certificate was set at the interest rate of KRW 60 million with the lease deposit and maturity of KRW 1,000,000 with the loan deposit for KRW 30,000,0000 per month, and the Defendant transferred the lease deposit to C. 24.