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1. The Defendant shall pay to the Plaintiff KRW 29,580,820 and the interest rate of KRW 15% per annum from May 19, 2015 to the date of complete payment.
Reasons
1. Basic facts
A. The Plaintiff, a corporation established for the purpose of processing, selling, etc. scrap metal (hereinafter “Plaintiff Company”), lent total of KRW 600 million to the Defendant, who is its shareholder, KRW 30 million on April 17, 2009, KRW 200 million on May 6, 2009, and KRW 100 million on July 30, 2009.
(hereinafter “instant loan”). (b) The instant loan
The Defendant repaid the Plaintiff Company a total of KRW 600 million on May 2, 2011, KRW 100 million, KRW 26.1 billion on July 26, 2012, KRW 50 million on December 26, 2012, and KRW 350 million on July 29, 2013.
[Ground of Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, 4 through 12, Eul evidence No. 1 (including each number; hereinafter the same shall apply), Eul's testimony and the purport of the whole pleadings
2. On the basis of the determination of the cause of the claim, the statutory interest rate for obligations arising out of commercial activities is 6% per annum, and when a merchant lends money to the merchant, the merchant’s act is deemed as commercial activities, and the merchant’s act is presumed to be for business purposes. The following circumstances, which can be seen by comprehensively taking into account the aforementioned evidence, the entry of No. 3, and the overall purport of pleadings, are as follows: (i) the Defendant was operating a business that produces Brazil at the time of the instant loan; (ii) the Defendant was deemed to have borrowed the instant loan from the Plaintiff Company as the need for funds to transfer the manufacturing factory; and (iii) other facts recognized prior to the Plaintiff Company and the Defendant’s relationship, etc., the Plaintiff Company may request the Defendant to have the statutory interest on the instant loan.
As such, the Defendant’s interest amounting to KRW 7,150,684 of the principal amount from April 30, 2012 to July 25, 2012 (i.e., KRW 500 million X6% X87 days/365 days; hereinafter the same shall apply), and the interest amounting to KRW 400 million from July 26, 2012 to December 25, 2012 from July 26, 2012 to December 25, 2012 = 10,060,273 won = 400 million interest amounting to KRW 400 million.