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1. The Defendant shall pay to the Plaintiff KRW 99,00,000 and the interest rate of KRW 12% per annum from April 26, 2018 to the date of complete payment.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff remitted to the Defendant KRW 139 million on July 18, 2017, KRW 13 million, KRW 26 million on July 19, 2017, KRW 30 million on July 24, 2017, KRW 30 million on July 25, 2017, KRW 200 million on July 25, 2017, and KRW 139 million on July 27, 2017. 2) The Defendant returned to the Plaintiff KRW 40 million on January 19, 2018, KRW 20 million on January 22, 2018, KRW 40 million on a total.
3) On January 25, 2018, the Defendant: (a) prepared and delivered, on its own hand, the loan certificate stating that “The Plaintiff will assume legal responsibilities when the reimbursement was not made by the due date: 120 million won; and (b) February 9, 2018; (c)” and “amount: 10 million won; (d) date of repayment: February 28, 2018; and (e) written and delivered the loan certificate stating that “The Plaintiff will assume legal responsibilities when the repayment was not made by the due date” (hereinafter referred to as “each of the instant loan certificates”).
(ii) [Ground of recognition] unsatisfy, Gap evidence 1 to 5 (including paper numbers, Eul evidence 1, the purport of the whole pleadings;
B. According to the above facts of recognition, the Defendant borrowed KRW 139 million from the Plaintiff and repaid KRW 40 million among them. Thus, the Defendant is obligated to pay the remainder of the loan amount of KRW 99 million to the Plaintiff (=139 million - KRW 40 million) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 26, 2018 to the date of full payment, as sought by the Plaintiff.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion is not the Defendant but C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The Defendant introduced the Plaintiff upon the request of the Nonparty Co., Ltd., and only delivered the money in the middle. On September 18, 2017, the Nonparty Co., Ltd. made the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”).