대여금
1. The Defendant’s KRW 36,396,559 and KRW 6,396,559 among them shall be 15% per annum from December 27, 2016 to the date of full payment.
1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1- 3, with a comprehensive view to the purport of the entire pleadings.
I have borrowed 7 million won from A on September 7, 2002, which is 3 million won per day within 3 months.
(b)interest will be 15 per annum.
(a).
On September 9, 2002, the Defendant drafted a loan certificate (hereinafter “the loan certificate of this case”) with the following content to the Plaintiff.
I have borrowed 30 million won to A, and will pay 300 thousand won per month principal.
b) to pay full amounts by September 2010.
(b).
On September 3, 2005, the Defendant drafted a letter (hereinafter “instant letter”) with the following content to the Plaintiff:
C. From January 31, 2015 to December 26, 2016, the Defendant repaid the Plaintiff totaling KRW 25 million.
2. The assertion and judgment
A. The gist of the parties’ assertion (1) The Plaintiff, upon the request of the Defendant, had the Plaintiff registered the business in the name of the Plaintiff and leased the store and had the Defendant operate the clothing store. However, as long as the Plaintiff started to operate the clothing store, the Plaintiff paid a large amount of debts on behalf of the Defendant on the wind of closing down the clothing store.
In relation to the repayment of the above obligation to the Plaintiff, the Defendant prepared the instant loan certificate and the instant letter, and the Plaintiff agreed that if the Defendant pays a certain amount each month and fully pays the amount of debt pursuant to the instant loan certificate and the instant letter, all other obligations shall be reduced and exempted, but if the Plaintiff fails to perform this, it shall not be reduced and exempted.
Since then, the Defendant did not repay to the Plaintiff the instant loan certificate and each letter, and the contact was cut down. Around December 2014, the Defendant re-convened with the Defendant, and the Plaintiff agreed to pay KRW 1 million on the 25th day of each month between the Defendant and the Defendant, and the Defendant paid KRW 1 million on the 25th day of each month, with all of the remaining obligations mitigated.
Since then, the defendant is from January 31, 2015 to December 26, 2016.