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1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from July 24, 2017 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. In full view of the purport of the entire pleadings in Gap evidence No. 1, the plaintiff can be acknowledged that on July 30, 2006, the plaintiff lent KRW 200,000 to the defendant.
B. According to the above facts, the Defendant is obligated to pay the Plaintiff a loan of KRW 200,00,000 and damages for delay at the rate of KRW 15% per annum from July 24, 2017 to the day of full payment after the delivery of a copy of the instant complaint to the Plaintiff.
(2) As alleged by the Defendant, the Defendant prepared a loan certificate against the Plaintiff for KRW 200,000,000,000, which was paid by the Plaintiff, even if it is assumed that the Plaintiff’s claim against the Defendant is an investment amount. However, this means that the Defendant would pay KRW 200,000,000 to the Plaintiff regardless of loss, and thus, the Defendant is liable for the Plaintiff’s repayment of KRW 200,000,000 to the Plaintiff. In conclusion, it is so decided as per Disposition by the assent of all participating Justices.