손해배상금
1. The plaintiff's claim that the court changed in exchange is dismissed.
2. The Plaintiff’s total costs of litigation.
1. Basic facts
A. On March 2005, the Plaintiff loaned KRW 140,000,00 to the Defendant, C, and D as of September 9, 2005.
B. Around December 13, 2005, the Defendant, C, and D (hereinafter collectively referred to as the “Defendant, etc.”) prepared a loan certificate with the principal of KRW 169,400,000,000 (hereinafter “the instant loan certificate”) with the total interest of KRW 169,40,000,000 (hereinafter “the instant loan certificate”). However, the said loan certificate was to pay the said amount by October 9, 2005, but the repayment date was to be extended by the said amount by not later than February 28, 2006, and the repayment amount should be paid by the said amount as the third day of February, 206, and the Defendant, etc. shall be liable for the said amount as income tax, etc. on the interest, and if the said amount was not paid on the due date, the Defendant, etc. shall bear all the expenses at the time of default.”
C. On November 26, 2009, the Defendant, etc. prepared a notarial deed of money consumption loan contract with the principal amount of KRW 219,400,00,000, calculated by the method similar to the above in the notarial deed No. 649 (hereinafter “notarial deed of this case”). The said notarial deed states that “the full amount of the above debt shall be paid by January 30, 2010,” the interest shall be set at 30% per annum, and the amount shall be paid by the Defendant, etc. on the 30th day of each month, if the principal or interest is delayed, the delayed principal or interest shall be paid to the Plaintiff at a rate of 30% per annum,” but the said notarial deed does not state that “the amount of taxes, such as income tax, etc. against interest.”
Until March 2017, the Defendant paid to the Plaintiff a sum of KRW 250,330,000 as prescribed in the instant notarial deed, and recovered the instant notarial deed from the Plaintiff, and at that time, received all the Defendant and all the obligations from the Plaintiff on the back of the said notarial deed.