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1. The defendant shall pay 146,00,000 won to the plaintiff and 15% per annum from June 28, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On April 20, 2017, the Plaintiff: (a) lent KRW 70 million to the Defendant; (b) decided to deduct 10% of the pre-paid interest from the pre-paid interest; and (c) decided to transfer KRW 63 million to the D’s account designated by the Defendant.
B. The Plaintiff received a request from the Defendant for the transfer of the amount calculated by deducting 10% of the prepaid interest from D to D’s account, and the Plaintiff intended to deduct 10% of the prepaid interest from D’s account, thereby requiring C to transfer KRW 9 million on May 10, 201, KRW 9 million on the 16th of the same month, KRW 18 million on the 22th of the same month, and KRW 30 million on the 31st of the same month, respectively.
C. On December 16, 2017, the Defendant drafted a certificate of borrowing that the Plaintiff would repay the total amount of KRW 140 million to the Plaintiff by February 15, 2018.
On November 17, 2017, the Plaintiff received a request from the Defendant to lend money, and made C transfer KRW 6 million to D’s account designated by the Defendant.
[Reasons for Recognition] The entry of Gap 1-6 and the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 140 million (the principal of the loan stated in subparagraph 1-A, KRW 63 million, and KRW 66 million as the principal of the loan stated in subparagraph 1-b, which was promised to pay to the Plaintiff on December 16, 2017, and KRW 70 million as the principal of the loan stated in subparagraph 1-B shall be paid by February 15, 2018; however, each of the above payment period shall be paid by February 15, 2018, within the maximum interest rate stipulated in the Interest Limitation Act. As such, the payment promise on the above amount is valid) and KRW 6 million borrowed on November 17, 2017, KRW 146 million,0000,0000 as the principal of the loan specified in subparagraph 1-B, and damages for delay calculated at the rate of 15% from June 28, 2018.
3. Accordingly, the plaintiff's claim of this case is reasonable, and it is decided to accept it.