A. On November 4, 2008, the Plaintiff lent to the Defendant a loan of 50 million Japanese currency (hereinafter “the loan of this case”) only to the Defendant (hereinafter “the loan of this case”).

나. 피고는 그 무렵 위 차용금채무(이하 ‘이 사건 차용금채무’라 한다)를 담보하기 위하여 원고에게 주식회사 C(이하 ‘C’이라 한다)이 발행한 주식 2,000주를 양도하고(제1항), 피고가 2012. 12.까지 C이 발행한 주식을 한국증권거래소에 상장시키되(제3항), 그 때까지 상장시키지 못할 경우 원고에게 원금 5,000만 엔과 이에 대하여 지급일 일본어로 작성된 위 합의서에 기재된 ‘勘定日’의 사전적 의미는 지급일이다.

Interest calculated at the rate of 12% per annum from the date of repurchase to the date of repurchase shall be paid.

(6) The written agreement (Evidence 2-2 of the A) containing the content has been prepared and issued.

C. Stocks issued by C were not listed on the Korea Stock Exchange, and C was dissolved on February 28, 2013, and completed the liquidation on July 31, 2013.

[Ground for Recognition: Facts without dispute, entry in Gap evidence 2 through 4 (including branch numbers, if any) and the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, upon the lapse of December 31, 2012 without listing the shares issued by C on the Korea Stock Exchange, the maturity date for the instant loan repayment comes. Barring special circumstances, the Defendant is obligated to pay to the Plaintiff interest or delay damages from November 4, 2008, which is the borrowing date.

3. Judgment on the defendant's defense

A. The gist of the Defendant’s defense is that the Defendant repaid the Plaintiff 36.8 million UN from March 12, 2010 to May 14, 2010, and transferred the remaining 13.2 million UN automated training machine manufactured by C to accord payment in lieu of the repayment of the loan obligation. The Defendant fully repaid the instant loan obligation.