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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 25% per annum from December 14, 2010 to the day of full payment.
Reasons
1. On November 13, 2009, the Defendant borrowed KRW 40 million from the Plaintiff as interest rate of 3% (interest payment date: the 13th day of each month) on February 13, 2010 (hereinafter “the loan of this case”) on the grounds of the claim may be recognized by taking into account the entries in the evidence No. 1 and the purport of the entire pleadings.
Meanwhile, from December 16, 2009 to November 20, 2010, the Plaintiff is a person who received reimbursement of KRW 10,488,240 as interest, and as to KRW 4 million from November 13, 2009 to December 13, 2010, the amount calculated at the rate of 25% per annum, which is the highest interest rate stipulated in Article 2(1) of the Interest Limitation Act, is 10,83,333 won [=40,00,000 x (11/12 x 25%) x 25/100 x 108,240 won]. It is clear that the calculation is more than the above amount.
According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 40 million won borrowed in this case and damages for delay calculated by the rate of 25% per annum, which is the highest interest rate provided by the current Interest Limitation Act, within the scope of the agreed interest rate from December 14, 2010 to the date of full payment, as the plaintiff seeks.
2. The defendant's assertion and judgment are as follows: "C is planning real estate company D."
The Plaintiff, the Defendant, and C, who borrowed KRW 40 million from the Plaintiff as operating funds, agreed to prepare a loan certificate in the name of the Defendant in the name of the representative director of the instant company, which was registered only as the representative director of the instant company, and the instant loan certificate was prepared in the name of the Defendant. Therefore, the Defendant does not bear the Plaintiff’s obligation of borrowing due to the loan certificate of this case.
In addition, as revealed in the text of Paragraph (5) of the loan certificate, the loan of this case was actually used as the stock price and office operating expenses of the company of this case, and the defendant used the loan of this case at its own interest rate.