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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the Plaintiff, on July 11, 2014 and the 12th day of the same month, remitted to the Defendant’s account each KRW 15 million, and the aggregate of KRW 20 million on the 15th day of the same month, and deposit KRW 50 million with the Defendant each KRW 1 million from August 15, 2014 to July 15, 2015 (However, as for January 2015, only KRW 600,000,000,000,000) is paid from the Defendant during each month from August 15, 2014 to July 15, 2015 does not conflict between the parties.
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff lent a total of KRW 50 million to the defendant's account until July 15, 2014 to the defendant, and the defendant agreed to pay interest of KRW 1 million per month to the plaintiff. However, since the defendant did not pay interest after July 15, 2015 and did not return the principal, the plaintiff is obligated to pay interest or delay damages calculated at the rate of KRW 50 million per annum 24% per annum, which is the agreed interest rate from August 15, 2015 to the day of full payment. 2) The defendant's assertion that the plaintiff is obligated to pay the plaintiff interest or delay damages calculated at the rate of KRW 50 million per annum from August 15, 2015 to the day of full payment.
B. As to whether the Plaintiff loaned the amount of KRW 50 million to the Defendant’s account from July 11, 2014 to July 15, 2014 to the Defendant’s account at an annual interest rate of KRW 24% (the interest rate of KRW 1 million per month for KRW 50 million) to the Defendant.
In light of the following circumstances, it is difficult to recognize that the Plaintiff lent KRW 50 million to the Defendant at an annual interest rate of 24%, and there is no other evidence to acknowledge otherwise.
① The Plaintiff, on January 22, 2014, prior to the transfer of the said money, invested KRW 50 million to C by means of remitting the said money to the Defendant at the Defendant’s request, and received KRW 7 million for two to three months.