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1. The Defendant’s KRW 165,00,000 for the Plaintiff and the following: 5% per annum from January 1, 2015 to November 21, 2017;
Reasons
1. According to the purport of Gap evidence No. 1 and Gap evidence No. 2-1 and 2 as to the cause of the claim and all the arguments, it is acknowledged that the plaintiff extended KRW 100 million to the defendant and the defendant prepared a loan certificate to repay KRW 100 million until March 31, 2014. ② The plaintiff additionally lent KRW 65 million to the defendant and additionally lent KRW 65 million to the defendant until June 30, 2014. ③ However, on July 2, 2014, it is recognized that the plaintiff prepared a loan certificate with the purport that the defendant will repay KRW 165 million to the plaintiff by December 31, 2014.
According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff a loan of KRW 165 million and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from January 1, 2015 to November 21, 2017, which is the delivery date of a copy of the complaint in this case, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, barring special circumstances.
2. The defendant's assertion and judgment
A. The main point of the Defendant’s assertion is that the Defendant borrowed money from the Plaintiff to assist the Plaintiff to assist the Plaintiff, which is the latter. At the time, the Defendant: (a) registered D Co., Ltd. operated by the Plaintiff as a subcontractor of the first group of construction companies; and (b) if the said company entered into a material purchase contract with the first group of construction companies, the Defendant agreed to repay the said loan
However, since the defendant actually registered D Co., Ltd. as E Co., Ltd., F Co., Ltd., and G Co., Ltd.'s partner company and made a material purchase contract, the profit should be settled and deducted from the above loan.
B. There is evidence No. 1 as shown in the Defendant’s assertion, and the following circumstances, i.e., the Defendant’s agreement, which is acknowledged by the entry of evidence No. 3 and the purport of the entire pleadings, are the repayment of the borrowed money.