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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 24% per annum from November 19, 2018 to the date of full payment.
Reasons
1. The borrower himself/herself shall pay 40,000,000 won to the creditor by December 31, 2019.
Interest shall be deposited into the passbook A C as of the end of the second month of each month.
If the payment of interest is in arrears once, the obligor will lose the benefit of time, and if the obligee requests the principal and interest even before the due date, he will pay it without objection.
(A) The debtor will deposit the interest of November, December, 2018, and January 2, 2019 with the end of March, 2019 under the above conditions.
Provided, That this interest shall be deposited on the last day of each month after March.
The Defendant, on January 16, 2019, prepared a loan certificate (No. 1; hereinafter “the loan certificate of this case”) with the following contents to the Plaintiff, may be admitted if there is no dispute between the parties, or if the evidence No. 1 contains the whole purport of the pleadings.
2. Determination as to the cause of action
A. In full view of the following facts, which can be recognized by adding the above facts and the purport of the entire pleadings to the statements in Gap evidence 5, the plaintiff shall be deemed to have lent KRW 40,000 to the defendant on November 19, 2019 at the interest rate of KRW 24% per annum, and on December 31, 2019, the due date for payment shall be determined and lent to the defendant on December 31, 2019, and it is apparent that the due date has arrived.
① The instant loan certificate clearly states that the Defendant had already borrowed KRW 40,000,000 from the Plaintiff and that he would repay until December 31, 2019.
② In preparing the instant loan certificate, the Defendant clearly expressed his intention to pay interest from November 2018, prior to the preparation of the loan certificate.
③ From March 5, 2018, the Plaintiff paid money to the Defendant’s account several times. Finally, on November 19, 2018, the Plaintiff sent KRW 4,750,000 to the Defendant’s account.
B. Therefore, the Defendant shall pay to the Plaintiff KRW 40,000,000 as well as its payment from November 19, 2019.