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1. The Defendant shall pay to the Plaintiff KRW 300,000,000 and the interest rate of KRW 15% per annum from January 31, 2018 to the date of full payment.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion was requested by the Defendant that “If the Plaintiff borrowed KRW 300,000,000 from the Defendant to purchase and sell curios, it would sell for sale and divide profits.” On October 10, 2014, the Plaintiff wired KRW 300,000 to C’s account designated by the Defendant, and lent the said money to the Defendant.
Therefore, the defendant is liable to pay to the plaintiff the above KRW 300,000,000 and damages for delay.
B. The Defendant’s assertion that C should deposit money by requesting the Defendant to sell and purchase curios, and the Defendant transferred money directly to C by transferring the said remarks to the Plaintiff. As such, the Defendant is not a party to a monetary transaction.
2. Determination as to the cause of action
A. 1) On October 10, 2014, the Plaintiff (hereinafter “instant money”) shall be KRW 300,000,000 in the account of C (hereinafter “instant money”).
(2) On November 22, 2016, the Defendant remitted the amount to C. The Defendant deposited the said amount to C by transferring the amount of KRW 300 million to C’s new bank account via the Plaintiff around October 10, 2014.
With respect to D (China Port), C is well aware of the fact that the Defendant remitted the deposit of KRW 300 million to C with the Plaintiff’s aid, as well as what circumstances the amount has been remitted.
C is simply called “to resolve internal responsibilities and 300 million won,” with verbal and Handphone letters, but not present to the present, the content certification is sent by means of final intelligence.
Accordingly, the defendant would make the time to return KRW 300 million to C by December 10, 2016, and I would like to audit the account number through a telephone conversation with the plaintiff's telephone number stated.
If by December 10, 2016, 300 million won has not been returned to the defendant, it would be known that it is not possible to take legal procedures.