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1. As to Defendant B’s KRW 105,00,000 and KRW 100,000 among them, Defendant B’s KRW 100,000 from December 23, 2011 to KRW 5,00,000.
Reasons
1. Examining the overall purport of the pleadings in each of the statements in Evidence A Nos. 1 through 4 against Defendant B (hereinafter “Defendant”), the Plaintiff remitted to the Defendant KRW 128 million on September 15, 201, and KRW 28 million on February 7, 2012, respectively, and lent KRW 500,000 to the Defendant. The maturity period at the time was not clearly specified, and the interest rate was agreed to be 3% per month.
Therefore, the defendant did not borrow money from the plaintiff, and the plaintiff did not introduce money from the non-party D (hereinafter "non-party D") to make investments in money. However, in light of the fact that the defendant directly transferred money from the plaintiff and directly repaid part of money as seen below, the defendant's statement of Nos. 2 through 4 alone is insufficient to reverse the above recognition. Thus, the defendant's above assertion cannot be accepted.
In addition, the Defendant asserts to the effect that, around February 2018, the Plaintiff was exempted from the above loan obligation while transferring the right to collateral security against the non-party company’s non-party company’s claim, but it is insufficient to acknowledge the fact of exemption as alleged by the Plaintiff solely on the evidence No. 5.
However, the defendant's assertion that there was no agreement on interest, but on September 22, 201, the fact that the defendant paid interest of KRW 28 million and KRW 128 million, which is part of the principal with respect to the above loan, to KRW 30 million per month, was recognized by himself/herself. In light of this, it is determined that there was an agreement on interest at the rate of KRW 30 million per month, as seen above, as recognized with respect to each of the above loans.
Therefore, the defendant's above assertion cannot be accepted.
On the other hand, the facts as seen above are as follows: (a) the principal amount of the loan was 28 million won and interest was paid until September 22, 2011; and (b) thereafter, the loan amount was approximately KRW 100 million over several occasions from June 25, 2014 to March 5, 2018.