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1. The Defendant shall pay to the Plaintiff KRW 21,50,000 and the interest rate of KRW 15% per annum from February 7, 2017 to the day of complete payment.
Reasons
1. As to the cause of claim
A. Party’s assertion 1) The Defendant: (a) received KRW 21,500,00 from the Plaintiff and agreed to transfer KRW 25% of the C equity; and (b) there are no C, and thus, (c) there is no obligation to return KRW 21,50,000 to the Plaintiff; (b) there is no loan borrowed from the Defendant; and (c) received KRW 21,50,000 from D, a seat of the Plaintiff.
B. Facts 1) On May 30, 2016, the Defendant promised to borrow KRW 30,000,000 to the Plaintiff and to secure KRW 25% of C’s equity interest. In summary, I agreed to guarantee the principal by undergoing a part of a loan lawsuit. 2) The Plaintiff, through each type D, remitted KRW 20,00,000 to the Defendant through each type D.
3) The Defendant did not transfer C’s shares to the Plaintiff. [The entries in the evidence Nos. 1 and 2, as the ground for recognition, and the purport of the entire pleadings.]
C. Since the Defendant did not transfer C’s shares to the Plaintiff, it is obligated to pay 21,500,000 won transferred and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 7, 2017 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.
2. As to the defendant's argument
A. The Defendant asserted that the Plaintiff paid KRW 2,000,000 to the Plaintiff.
B. There is no evidence to prove that the payment was made, and the above assertion is without merit.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.