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1. The Defendant: (a) KRW 33,00,000 for the conjunctive Plaintiff and KRW 20% per annum from October 8, 2013 to September 30, 2015.
Reasons
1. According to the statements in Gap evidence Nos. 1, 5, and 6 as to the primary plaintiff's claim, the facts that KRW 33 million was remitted from the bank account opened in the name of the primary plaintiff to the defendant's bank account on May 22, 2012 can be acknowledged. However, it is insufficient to recognize that the facts of the above recognition and each of the evidence mentioned above are insufficient to recognize that the primary plaintiff lent the above KRW 33 million to the defendant, and there is no other evidence to acknowledge otherwise, the primary plaintiff's claim against the defendant is without merit without further examination.
2. Judgment on the plaintiff's conjunctive claim
A. On May 22, 2012, the conjunctive Plaintiff agreed with the Defendant to lend KRW 33 million to the Defendant the period of reimbursement on May 29, 2012. 2) Preliminary Plaintiff, on May 22, 2012, sent KRW 33 million to the Defendant’s bank account from the deposit account opened in the Defendant Bank under the name of the primary Plaintiff.
【Facts without dispute over the grounds for recognition, entry of Gap's evidence 1 through 6, purport of the whole pleadings
B. According to the above findings of determination, barring any special circumstance, the conjunctive Defendant is obligated to pay to the Plaintiff the interest rate of KRW 33 million from October 8, 2013 to September 30, 2015 (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015); and to pay damages for delay calculated at the annual rate of 15% from the following day to the date of full payment (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).
C. Judgment on the defendant's defense 1.