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1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 20% per annum from September 19, 2014 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. The Defendant prepared a certificate of borrowing (Evidence A) to the Plaintiff on August 30, 2011, stating that “The Defendant borrowed KRW 50,00,000 from the Plaintiff until March 2, 2012, with the maturity of payment until March 2, 2012, with the interest specified at 2% per month,” and the Defendant also prepared a certificate of borrowing money (Evidence A) stating that “The Defendant borrowed KRW 50,00,000 from the Plaintiff during the period from October 2, 201 to August 24, 2011, the Defendant received KRW 35,000 from the Plaintiff on behalf of the Defendant, with the remainder of KRW 35,00,000,000 among the claims for the confirmation of invalidity of the contract in Daejeon High Court Decision 20,5586, which was held by the Defendant on behalf of the Defendant, and the remainder of KRW 20,000,00 among the claims used by the Plaintiff on behalf of the Defendant.
B. According to the above facts, the Plaintiff had a claim for a loan of KRW 50,000,000 against the Defendant based on the above loan certificate. Of them, it is reasonable to deem that the amount equivalent to KRW 25,000,000 used by the Plaintiff without paying to the Defendant among KRW 35,000,000 received from C on behalf of the Defendant (=35,000,000 - 10,000) was repaid.
C. Accordingly, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 25,00,000,000, which was unpaid among the above loans, and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 19, 2014 to the date of full payment, as sought by the Plaintiff, after the due date.
2. Determination on the parties' other arguments
A. On October 2010, the Plaintiff’s determination as to the Plaintiff’s assertion is based on the introduction of the Defendant who was engaged in the production and sale of seedlings from Nonparty D and agreed with the Defendant to work together with the Defendant, and the cost of planting seedlings and the cost of purchasing agricultural materials.