A. On August 30, 2011, the Defendant prepared and delivered to the Plaintiff a certificate of borrowing KRW 70,000,000 from the Plaintiff at 15% per month and on July 30, 2016 (hereinafter “the first certificate”). Accordingly, on August 31, 201, the Defendant received KRW 70,000,000 from the Plaintiff (hereinafter “the first loan”).

B. Thereafter, the Defendant borrowed and received KRW 8,000,000 from the Plaintiff (hereinafter “the second loan”) from the Plaintiff, and additionally prepared and delivered a loan certificate stating that interest shall be paid at 1.5% per month (hereinafter “the second loan certificate”).

C. After that, the original copy of the instant payment order, claiming payment of the first and second loans against the Defendant, was served on the Defendant on February 8, 2017.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 3, purport of the whole pleadings]

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the fact that the repayment period of the first loan was July 30, 2016 is as seen earlier, and the second loan was due upon the Plaintiff’s request for performance as a debt with no fixed time limit. As such, the Defendant is obligated to pay the Plaintiff damages for delay calculated by the rate of 25% per annum per annum from February 18, 2017 to the date of the payment of interest for the first loan of KRW 78,00,000 (=70,000,000) and the first loan of KRW 70,000,000 among the loans, after the period when the Plaintiff was finally paid interest for the first loan from February 9, 2017 to the date of full payment (i.e., interest rate of KRW 8,000,0000 calculated by the rate of 25% per annum from February 18, 2017).

B. The judgment on the defendant's assertion (1) The defendant is the person who actually borrowed the first and second loans, and C is well-grounded.