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1. The Defendant’s KRW 261,000,000 for the Plaintiff and the Plaintiff
(a) Of 300,000,000 won, 5% per annum from June 1, 2016 to August 20, 2016.
Reasons
1. Basic facts
A. The Plaintiff paid KRW 300,000,000 to the Defendant on December 9, 2013, and KRW 30,000,000 on December 20, 2013, and KRW 100,000,00 on February 12, 2015.
B. On June 3, 2015, the Defendant prepared and delivered the following loan certificates (Evidence A2) to the Plaintiff.
The loan certificate
1. Principal: Geum billion won (gold 300,000,000);
2. The due date: To repay within December 31, 2015;
3.The payment of interest shall be subject to mutual agreement.
Under the above conditions, the defendant borrowed the above money to the plaintiff without money and guarantee the defendant's repayment of the above obligation.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, it is reasonable to view that the Plaintiff lent KRW 300,000,000 to the Defendant on December 31, 2015, by determining the due date for payment.
(Interest Agreement shall be judged separately below). (b)
The defendant asserts that the above 300,000,000 won received from the plaintiff is not a loan but an investment amount invested in the development of real estate, but there is no evidence to acknowledge it.
The defendant's above assertion is not accepted.
C. The Defendant also asserts that there was no interest agreement with the Plaintiff.
However, in light of the following circumstances as seen earlier, the evidence and the evidence No. 3, which can be seen by adding up the purport of the entire pleadings, namely, ① the loan certificate that the Defendant prepared to the Plaintiff by the Defendant, stating that “payment of interest to the Plaintiff shall be mutually agreed,” and the existence of interest agreement shall be acknowledged, but mutual agreement shall be reached with respect to payment terms, such as interest rates, etc., and ② the Defendant remitted KRW 28,000,000 from June 14, 2016 to June 22, 2016 to the Plaintiff as interest, at least can be recognized that there was a interest agreement on the said loan.
However, the plaintiff and the defendant have different interest rates.