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1. The Defendant shall pay KRW 10 million to the Plaintiff the annual interest rate of 12% from October 16, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff transferred KRW 100 million on May 2, 2017 and KRW 100 million on June 15, 2017 to the Defendant’s account known through C, respectively.
B. From June 1, 2017 to February 2, 2018, C remitted 100,000 won interest on KRW 100,000 as of May 2, 2017 to the Plaintiff’s account, and from July 2, 2017 to February 15, 2018, C remitted 1.4 million interest on KRW 1.4 million as of June 15, 2017 (one million interest on KRW 100,000 among them, and the remaining KRW 400,000,000,000,000 from that to that to the Plaintiff, and transferred it together).
C. Meanwhile, from July 2017 to February 2, 2018, the Defendant transferred KRW 1 million to C’s account during each month. From March 2018 to October 2019, the Defendant suspended payment of money to the Plaintiff, and transferred KRW 1 million to the Plaintiff’s account during each month, from March 2018 to October 2019, the date of the closure of the instant argument.
[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 3, Eul evidence 4-1, 2, Eul evidence 5, 6, the purport of the whole pleadings
2. Determination as to the claim for KRW 100 million on May 2, 2017
A. On May 2, 2017, with the introduction of Plaintiff C, the Defendant lent KRW 120 million to the Defendant at an annual interest rate of 12%, and only the interest was paid until February 2, 2018. Therefore, the Defendant is obligated to pay to the Plaintiff 1,50,000 won with the interest accrued until August 16, 2018, including the unpaid interest and KRW 5 million, and the interest accrued from August 17, 2018 to the delivery date of a duplicate of the complaint in this case, 12% per annum, and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the full payment date. 2) The Defendant was not paid KRW 56,00,000,000 from Plaintiff C, which was deducted from the remainder of the claim of the Defendant to C on May 2, 2017, and paid the remainder to the Plaintiff C (the remainder of the claim).