대여금
1. The Plaintiff:
A. Defendant B shall be KRW 150,000,000 and two million per month from October 9, 2010 to the date of full payment.
1. The facts below the basic facts are either in dispute between the parties or in each entry in Gap evidence 1 to 7, with a comprehensive view to the whole purport of the pleadings.
On October 9, 2007, the Plaintiff lent KRW 150 million to Defendant B with the interest rate of KRW 3.5 million per month and due date of repayment on April 8, 2008. On October 9, 2007, Defendant C signed and sealed the cash tea certificate (Evidence 1; hereinafter “the cash tea certificate of this case”) to the effect that it guarantees the above loan obligations against Defendant B against the Plaintiff on October 9, 2007.
B. In order to secure the above loan obligation to the Plaintiff, Defendant B issued a certificate of promissory notes with No. 1233 at the Djoint Law Office as a notary public in 2007.
In addition, in order to secure the above loan obligation to the Plaintiff, Defendant B prepared a letter of intent to waive all rights related to H apartment 102 Dong 1703 and 1703 in Seoul, Gangnam-gu, Seoul, F and G, and Defendant C guaranteed this right. On October 9, 2007, a notary public certified a written waiver of rights as 5163 and delivered it to the Plaintiff on October 9, 2007.
C. The Defendants paid interest from October 9, 2007 to the Plaintiff. The Defendants first paid KRW 3.5 million per month to the Plaintiff, but did not pay the principal on April 8, 2008, which was due, and thereafter did not pay interest from October 2008.
The plaintiff met the defendant B on October 9, 2009, and the defendant B presented Cash Receipt (Evidence A5) and repaid the amount of KRW 40 million to I, who is the plaintiff's agent, as principal on March 5, 2009.
Accordingly, the Plaintiff settled the unpaid interest with Defendant B, and as a result of the settlement, the Defendants paid the interest to the Plaintiff only on September 9, 2008, and the interest amounting to KRW 17.5 million from October 9, 2008 to February 9, 2009, which was the month immediately preceding that during which the principal amount was paid (i.e., the interest amounting to KRW 150 million per monthx (i.e., the interest amounting to KRW 3.5 million per month), and the principal amounting to KRW 40 million from March 5, 2009 to October 9, 2009, = interest amounting to KRW 22 million.