A. On September 5, 2001, the Defendant prepared and issued a certificate of stock custody that the Plaintiff held and managed C’s 1,300 shares, a KOSDAQ-listed company. At the time, the price per share was KRW 100,000,000.

B. The Defendant remitted to the Plaintiff the money corresponding to the amount of appropriation [the date of appropriation] stated in the attached Table of Appropriation of Performance [the date of appropriation] to the account of the Plaintiff or the Plaintiff’s wife.

[Ground of recognition] Evidence Nos. 1, 2, 3, 4, and 3 of Evidence Nos. 2-1, 2, 3, and 3, and the purport of the whole pleadings

2. Determination:

A. On September 5, 2001, the Defendant: (a) agreed on his behalf to return KRW 100,000,000 to the Plaintiff within one week on his behalf; and (b) failed to comply with the agreement; (c) from May 2007 to December 2008, KRW 690,000 per month; (d) from January 2009 to April 2009, KRW 50,000 per month; and (e) from May 2009 to April 60,00 per month; and (e) the Defendant agreed to pay interest of KRW 47,50,000 per month; and (e) the Defendant paid only the principal and interest of KRW 18,360,00 among the above loans up to now.

Therefore, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 99,740,00 as well as delay damages of KRW 52,50,00 as principal and interest of KRW 52,50,00.

B. According to the above facts of determination, since the defendant agreed to repay KRW 100,000,00 to the plaintiff until the end of April 2007, it is deemed that the defendant had made an agreement to repay the amount that the plaintiff received from the defendant to the plaintiff until the end of April 2007, it is calculated according to the statement of appropriation of appropriation as stated in the attached Table of appropriation of appropriation ( there is no evidence to acknowledge that there was an interest agreement between the plaintiff and the defendant as alleged by the plaintiff, and there is no evidence to prove that there was an interest agreement between the plaintiff and the defendant, the amount shall be calculated as 5% per annum under Article 379 of the Civil Act from May 1, 2007 to the day following the due date, and the amount that the plaintiff received by the plaintiff shall be calculated in the order of the principal and the principal until the due date, and the amount of the loan of this case shall be calculated in