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1. As to KRW 151,410,958 and KRW 110,00,00 among them, the Defendant shall pay to the Plaintiff KRW 151,410,958 from October 16, 2008 to September 27, 2018.
Reasons
1. Determination as to the cause of claim
A. (1) On September 24, 2008, the Defendant prepared a loan certificate stating that “the Defendant borrowed KRW 130 million from the Plaintiff on September 22, 2008, KRW 80 million on September 24, 2008, the sum of KRW 210 million on September 24, 2008, and KRW 2.1 million on October 15, 2008, to the Plaintiff (hereinafter “the instant loan certificate”).
(2) In the case of Gwangju District Court 2017Na58150, the Plaintiff filed a claim against the Defendant for the return of KRW 100 million on the part of the loans based on the instant loan certificate.
(hereinafter “instant case”). On May 11, 2018, the said court rendered a judgment on the instant case that “The Plaintiff is obligated to pay to the Defendant 1.3 million won a total of KRW 1.3 million in September 22, 2008, and KRW 2.1 million in maturity on September 24, 2008, and KRW 8.15 million in maturity on October 15, 2008. As so, the Defendant, upon the Plaintiff’s request, has a duty to pay damages for delay calculated at the rate of KRW 1.5 million per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 27, 2017 to the date of full payment.”
(hereinafter “instant judgment”). The instant judgment became final and conclusive thereafter.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, the purport of whole pleadings
B. According to the above facts of determination, the Defendant, as stated in the loan certificate of this case, determined on October 15, 2008 as the maturity date for repayment of KRW 2.1 million from the Plaintiff, as stated in the loan certificate of this case at the time of the preparation of the loan certificate of this case (hereinafter “the loan of this case”).
Therefore, the Defendant, out of the loan funds in this case, was from October 16, 2008 to the delivery date of the payment order in this case from the date following the due date for the loan funds in this case, which was not claimed by the Plaintiff in the relevant case.