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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Reasons
1. Basic facts
A. On April 22, 2011, the Defendant: (a) concluded a contract for the instant construction work with the amount of KRW 70,000,000 (75,000,000 for the construction cost under the construction contract; (b) the actual construction cost was set at KRW 70,000,000 for the construction cost; (c) and the period of construction from April 25, 201 to May 30, 201.
B. On September 1, 201, the Defendant borrowed construction costs to the Plaintiff, introduced by E on September 1, 201, and paid the construction cost to E. The Defendant prepared and delivered a performance note as follows (hereinafter “instant performance note”).
In order to complete delay works due to the failure to pay the balance of D coffee shop in Ulsan-gu, Ulsan-gu, Seoul, this letter shall borrow the following amounts to you in good faith to implement the following:
1. Amount paid: 32,000,000 won;
2. Time to pay: Within one month after the completion of construction works.
3. Method of payment: Cash payment or remittance: Provided, That where it is inevitable to delay the loan business due to administrative problems, etc. after the commencement date of business after obtaining registration of business, the time limit may be extended once a month, and the interest rate for delay shall be 4% per month.
The above-mentioned letter: Defendant E:
C. On November 7, 201, the Defendant was issued a business registration certificate with the place of business of the said coffee shop.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1, Eul evidence 1-1, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant borrowed KRW 32,00,000 from the Plaintiff. As such, the Defendant shall pay to the Plaintiff the amount of KRW 32,00,000 and damages for delay calculated at the rate of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 24, 2013 to the date of full payment, as the Plaintiff seeks.