The defendant's KRW 29,00,000 and its relation to the plaintiff shall be 5% per annum from June 5, 2019 to January 15, 2021.

1. Basic facts

A. On January 28, 2019, the Plaintiff, a director of the Defendant (Representative Director C) borrowed KRW 40,000,000 on a monthly interest rate of 2% from D, and completed the registration of creation of a right to collateral security (hereinafter “registration of creation of a right to collateral security (hereinafter “registration of right to collateral security”) with the maximum amount of KRW 80,00,000,000 for the Plaintiff’s share among the Plaintiff’s apartment E apartment F units in Seongbuk-gu, Sungnam-si, Sungnam-si, as security for the loan debt, and the registration of creation of a right to collateral security (hereinafter “registration of creation of right to collateral security”).

B. On January 28, 2019, the Plaintiff deposited KRW 29,000,000, out of the above KRW 40,000,00 borrowed from D, into the Defendant’s account.

(c)

On April 8, 2019, the Plaintiff repaid the principal and interest of the loan with D on the same day, and completed the registration cancellation of the establishment of the instant mortgage on the same day.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The parties' respective arguments;

A. On January 28, 2019, the gist of the Plaintiff’s assertion made a verbal agreement to lend KRW 40,000,000 to the Defendant on February 20, 2019, with the interest rate of KRW 2% per month, but with the payment period of KRW 3 months as well as the interest rate of KRW 40,00,00.

Accordingly, the plaintiff borrowed 40,000,000 won from D and transferred it to the defendant as it is.

The money transferred by the Plaintiff to the Defendant is KRW 29,00,000, but the remaining KRW 11,000,000,000, which is the expenses for the business performed by the Plaintiff as the Defendant’s director, KRW 10,000,00,000, the registration expenses for the establishment of the instant mortgage, KRW 600,000, and KRW 300,000, which was personal business performed by the Plaintiff to Busan and had the Plaintiff spend on behalf of the Plaintiff (KTX fares).

The Defendant calculated the annual rate of KRW 42,400,00,000 (=40,000 x 2% x 3) plus plus 42,400,000 x 3) as agreed upon, and the annual rate of KRW 5% as prescribed by the Civil Act from February 20, 2019 to the date of delivery of a duplicate of the complaint of this case from February 20, 2019 to the date of full payment, and the annual rate of KRW 15% as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.