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1. The Defendant: (a) KRW 35,00,000 and the Plaintiff’s KRW 24% per annum from March 1, 2018 to February 14, 2019; and (b) February 15, 2019.
Reasons
1. Basic facts
A. On May 29, 2020, the Plaintiff determined the period of repayment to the Defendant as KRW 300,000 per month (one day per month) and lent KRW 10,000,00 on May 29, 2017.
B. On July 31, 2019, the Plaintiff determined the period of repayment to the Defendant as KRW 300,000 per month (one day per July), and lent KRW 10,000,00 on July 31, 2017.
C. On September 29, 2018, the Plaintiff determined the period of repayment to the Defendant as KRW 750,000 per month (one day per month) and lent KRW 25,00,00 on September 29, 2017.
The Defendant repaid the Plaintiff KRW 10,00,000,000 of the borrowed principal as of July 31, 2017, with interest up to February 1, 2018 on each of the above borrowed amounts.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the interest or delay damages calculated at the rate of 15% per annum from February 15, 2019 to May 31, 2019, and 12% per annum from the next day to the day of complete payment, as requested by the Plaintiff, within the scope of the agreement, from March 1, 2018 to February 14, 2019, under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as the Plaintiff seeks, within the scope of the agreement, from March 1, 2018 to February 14, 2019.
B. The defendant's assertion is asserted to the effect that the plaintiff prepared only the loan certificate in the name of the defendant while investing in C, and that the principal has not been promised separately. However, according to the above evidence, it is acknowledged that the defendant prepared a loan certificate stating that "the principal shall be repaid at the time when the dividend is terminated" and delivered it to the plaintiff whenever he receives money from the plaintiff. In light of the above facts of recognition, it is reasonable to view that the amount paid by the plaintiff to the defendant is a loan to the defendant against the plaintiff.
3. The plaintiff's claim is reasonable within the above scope of recognition.