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1. The Defendant’s KRW 30,500,000 as well as 5% per annum from December 8, 2016 to November 2, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. From March 2014, the Plaintiff became aware of the Defendant through online hosting, and paid money from time to time in return. From September 19, 2014 to February 7, 2015, the Plaintiff remitted KRW 37,500,000 to the Defendant’s seat account.
B. On January 4, 2016, the Defendant prepared a loan certificate stating that “I will pay 5,000,000 won (including interest) borrowed from A(Plaintiffs) in the F coffee shop located in Geumcheon-gu, Busan (hereinafter “the loan certificate of this case”) from January 4, 2016 to January 72, 202, 50,000 won (including KRW 35,00,000) as of January 201 to January 202.” (hereinafter “the loan certificate of this case”).
C. The Defendant remitted KRW 4,500,000 in total to D’s account from February 1, 2016 to October 3, 2016, which was after the instant loan certificate was drawn up.
[Ground of recognition] Facts without dispute, entries and images of Gap's evidence 2 through 5, 7 through 9, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant borrowed a total of KRW 35,00,000 from the plaintiff and repaid KRW 4,500,000 among them. As such, the defendant is obligated to pay to the plaintiff the remainder of KRW 30,500,000 as well as damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from December 8, 2016 to November 2, 2017, the date following the delivery of a copy of the complaint of this case, which is the day of the decision, to dispute over the existence and scope of the defendant's obligation to perform, and the amount of damages for delay calculated from the next day to the day of full payment.
B. The Plaintiff asserts that the loan of this case is KRW 38,00,000, not in total, but in total KRW 35,000. However, even before the transfer of this case, the Plaintiff has transferred money to the Defendant in consideration of the fact that the Plaintiff, even before the transfer of this case, and that the Plaintiff, D and the Defendant written the loan of this case at KRW 35,00,000 under the agreement.