Text
1. The defendant shall pay to the plaintiff KRW 211,224,126 as well as KRW 63,80,000 among them, from July 13, 2018 to the day of full payment.
Reasons
1. Basic facts
A. On May 14, 2010, the Plaintiff transferred KRW 20,000,000 to the Defendant’s account, respectively.
On May 20, 2010, the Defendant paid KRW 40,000,00 to the Plaintiff’s account.
B. On May 31, 2010, the Plaintiff transferred KRW 50,000,00 to the Defendant’s account.
C. On October 15, 2010, the Plaintiff transferred KRW 40,000 to the Defendant’s account.
[Ground of recognition] Unsatisfy, Gap evidence 1 and 2
2. The parties' assertion
A. Plaintiff’s assertion 1) Since May 14, 2010 to October 15, 2010, the Plaintiff leased KRW 160,000 to the Defendant with interest rate of KRW 2% per annum. The Defendant was paid KRW 40,00,000 on July 25, 2012. The interest rate of KRW 160,000 from October 16, 2010 to July 25, 2012 was KRW 68,218,855 on the principal and interest rate of KRW 160,00,000 paid to the Plaintiff from June 1, 201 to June 25, 2017, the Defendant is liable to pay KRW 15,00,000 to the Plaintiff with interest rate of KRW 160,000,000 per annum and interest rate of KRW 20,000,000 from July 25, 2012.
The defendant expressed his intention to repay the principal to the plaintiff even if he pays the principal, and agreed that the principal and interest will be repaid at the time.
Around December 2017, the Plaintiff provided that he/she will pay the money borrowed even when he/she met the Defendant.
3. Even if the Plaintiff invested in a third party as the Defendant’s assertion, the Defendant did not actually invest the money that the Plaintiff received from the Plaintiff, such as that the Plaintiff did not pay the remitted money to the Investment Board and remitted money to H, an existing investor, etc.