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1. The Defendant’s KRW 40,000,000 as well as annual 5% from December 8, 2011 to December 5, 2016 to the Plaintiff.
Reasons
1. The Plaintiff determined the cause of the claim to the Defendant, on September 28, 201, set the interest rate of KRW 15 million as 7% per month, and lent without the due date agreement. On November 7, 2011, the Plaintiff determined the interest rate of KRW 25 million as 7% per month, and lent it without the due date agreement.
The Defendant paid the Plaintiff KRW 1050,000,000 as interest on the loan of KRW 15 million on October 28, 201, and KRW 1050,000 on November 28, 201. As interest on the loan of KRW 25 million, the Defendant paid KRW 1750,000 to the Plaintiff on December 8, 201.
Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 40,000,00 ( KRW 25,000,000) and damages for delay at each rate of KRW 15% per annum under the Civil Act from December 8, 2011 to December 5, 2016, which is the delivery date of a copy of the complaint of this case, and from the next day to the date of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as the Plaintiff seeks.
(1) The defendant asserts that the above KRW 40 million was not the amount loaned by the plaintiff to the defendant, but the amount invested in C through the defendant's account. According to the evidence Nos. 1, 2, and 2 of Eul evidence Nos. 1-2, the defendant transferred the total amount of KRW 15 million deposited by the plaintiff on September 28, 2011 to C representative D's account. Further, the defendant received KRW 25 million from the plaintiff on November 7, 2011 and transferred KRW 4 million to D's account on November 8, 2011. However, if the plaintiff transferred the money to the defendant's account, not only KRW 15 million deposited by the defendant but also KRW 16 million deposited by the defendant on September 28, 2011, the defendant transferred the money to the defendant's account, the sum of his money deposited by the plaintiff to the defendant (one million won deposited by the plaintiff, and only KRW 165 million deposited by the plaintiff to the defendant.