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1. The defendant shall pay 30,000,000 won to the plaintiff and 25% per annum from February 13, 2010 to the day of complete payment.
Reasons
1. Basic facts
A. On November 10, 2009, the Plaintiff lent the amount of KRW 500,00,000 to the Defendant by means of remitting the sum of KRW 12,00,000 on November 11, 200, KRW 38,30,000 on the 13th of the same month, to the account in the name of Nonparty C, which introduced the Defendant, and the interest rate was set at 3% per month.
B. C transferred the money deposited by the Plaintiff to the Defendant’s Chok’s account. The Defendant paid 1.2 million won interest to the Plaintiff on November 13, 2009, with C’s name, and transferred the interest of KRW 80,000,000 to the Plaintiff on December 14, 19, and KRW 1.2 million interest on January 13, 2010. On January 13, 2010, C transferred KRW 1.2 million in the name of the Defendant, under C’s name, and under C’s name, KRW 1.2 million interest on January 29, 2010, and the same year.
2. 15. Interest KRW 900,000 was remitted to the Plaintiff.
C. On February 15, 2017, the court of first instance sentenced the Plaintiff to four months of imprisonment with prison labor for fraud on the following grounds: (a) even if the Defendant borrowed money, the Defendant was indicted as charges of deceiving the Plaintiff without any intention or ability to repay and receiving KRW 40 million from the Plaintiff (Seoul Central District Court Decision 2015Dahap956, etc.).
(7 years for the combined criminal facts) . [Grounds for recognition] Gap 1 to 4, the national president of this court, the result of the order of submission of financial transaction information to the President of Korea Standards . The entire purport of the pleadings.
2. According to the facts of recognition of the Defendant’s obligation to return the principal and interest of the loan, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated by the rate of 25% per annum from February 13, 2010 to the date of full payment, which is the date following the final interest payment day.
As to this, the defendant did not borrow money from the plaintiff, and the money deposited by C to the defendant is the part of the purchase price of D apartment 301, 402, and 702 in the wife population D apartment 301, 402, and 702 purchased by C. However, as seen above, C deposits to C, if the plaintiff deposits to C, it is the defendant's k's account.