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1. The Defendant shall pay KRW 23,766,00 to the Plaintiff the annual rate of KRW 15% from May 5, 2016 to the date of complete payment.
Reasons
1. Comprehensively taking account of the respective descriptions of Gap's evidence Nos. 1 through 3 and Eul's evidence Nos. 1 (including branch numbers) as to the cause of the claim and the whole purport of the pleadings, the defendant operating clothes shop from around 2006, who borrowed money from the plaintiff to the plaintiff on March 4, 2014, and issued a loan certificate of KRW 27 million to the plaintiff on March 4, 2014.
According to the above facts of recognition, it is reasonable to view that the Plaintiff and the Defendant settled the money transaction until March 4, 2014 and confirmed the Defendant’s loan amount of KRW 27 million. The Plaintiff thereafter received reimbursement of KRW 3234,000 out of the above KRW 27 million from the Defendant.
Thus, the defendant is obligated to pay to the plaintiff the remaining 23,766,00 won and damages for delay calculated by the rate of 15% per annum from May 5, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff.
2. As to the Defendant’s assertion, the Defendant asserted that: (a) the amount of KRW 9 million, out of KRW 27 million stated in the loan certificate, C borrowed money; (b) it merely borrowed KRW 18 million from the Plaintiff; and (c) even if the amount of KRW 34 million from October 27, 2009 to November 27, 2015, paid to the Plaintiff KRW 9 million and the annual interest of KRW 5 million, C repaid all of the borrowed money from the Plaintiff.
In addition, there is no evidence to acknowledge that C, not the Defendant, borrowed KRW 9 million out of KRW 27 million, and even if C borrowed money, as alleged by the Defendant, as long as the Defendant: (a) prepared and issued a loan certificate stating that C borrowed KRW 27 million, the Defendant shall be liable to pay the full amount of KRW 27 million, as long as the Defendant borrowed money in the amount of KRW 27 million, as alleged by the Defendant.
In addition, considering the details of the money that the Defendant repaid (No. B. 1) was paid on or before March 4, 2014, the date on which the above loan certificate was prepared, and thus, the above amount was paid by the Defendant.