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1. The Defendant shall pay to the Plaintiff KRW 187,898,082 as well as KRW 70,000 among the costs, from March 18, 2015 to the day of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 5 as to the cause of the claim, the plaintiff loaned KRW 50,000,000 to the defendant around May 10, 2004, and remitted KRW 50,000 to the deposit account in the name of C designated by the defendant at the time, and ② the defendant prepares a loan certificate (Evidence No. 1) stating the sum of the above loan amount of KRW 50,000,000 and interest thereon up to the time, around May 14, 2006, the sum of the above loan amount of KRW 70,000,000 as principal amount (Evidence No. 1) and paid the above amount at KRW 24,00 with interest rate of KRW 24,00.
According to the above facts of recognition, the defendant is obligated to pay the principal amount of KRW 70 million under the agreement of May 14, 2006, the agreed interest and delay damages.
However, the Plaintiff was a person who received KRW 20,000,000 from the Defendant on March 17, 2015. As such, the Plaintiff’s KRW 20,000,000 is an interest of KRW 148,576,438 calculated at 24% per annum from May 14, 2006 to March 17, 2015 (=70,000 x 00 x 0.24 x 8308/365) in the order prescribed by Article 479(1) of the Civil Act. Accordingly, the Plaintiff’s interest remaining after March 17, 2015 (i.e., the principal and interest of KRW 198,576,438 (i.e., 70,000, 120, 128, 368, 4838).
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate of 187,898,00,000 won and the principal of 70,000,000 won, as sought by the Plaintiff, within the scope of 198,576,438 won remaining until March 17, 2015, pursuant to the agreement made on May 14, 2006, pursuant to the agreement made by the Plaintiff from March 18, 2015 to the date of full payment.
2. Judgment on the defendant's defense
A. The defendant's assertion ① The actual debtor who borrows money at the time of the first loan in 2004 is a corporation D (hereinafter "foreign corporation") in which the defendant was working.
② The Plaintiff urged the Defendant to pay the borrowed money due to the Nonparty Company’s failure to pay the borrowed money, and the Defendant, on May 14, 2006, issued a certificate of borrowing (Evidence A 1) at the expense of the Defendant liable for the Do.