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1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 5% per annum from June 18, 2015 to December 18, 2015; and (b) the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff has lent money to the defendant from around 1993 as the defendant's relative relative.
B. Around July 30, 1997, the Defendant prepared and delivered the following documents to the Plaintiff (hereinafter “the document of this case”).
- Of the amount payable out of the principal that the Plaintiff lent to the Defendant is KRW 133,576,000,000, the unpaid interest shall be KRW 133,576,00,000, which is calculated at an annual rate of KRW 10,576,00.
C. On November 4, 1995, the Defendant prepared and delivered each of the following statements to the Plaintiff (hereinafter “each of the instant statements”).
- daily gold 80 million won - The defendant borrowed and repaid the above amount, but the auction procedure is in progress for the amount of 1124 square meters in Ulsan-gu, Ulsan-gu, Seoul (hereinafter referred to as the “instant return”) at the time, so if the procedure is completed and if the procedure is not performed, it will be performed as desired by the plaintiff.
On April 14, 2004, the Plaintiff was revoked on the ground that “Ulsan District Court No. 2004Kadan4868; hereinafter the same shall apply) was subject to the provisional seizure order against real estate with the claim amount for D’s housing owned by the Defendant as “50 million won out of each of the instant claims (Ulsan District Court No. 2004Kadan4868; hereinafter the same shall apply).” On June 8, 2015, the instant provisional seizure order was revoked on the ground that “the lawsuit was not filed on the merits for five years
(The grounds for recognition), evidence 1 through 3, evidence 4-1, 2, evidence 4-2, evidence 4, and the purport of the whole pleadings, as a whole, are without dispute (see, e.g., Supreme Court Decision 201Kadan957, Apr. 1, 201).
2. As to the cause of claim
A. The Plaintiff’s major assertion (1) The Plaintiff lent the Defendant a monthly interest rate of 1% to the Defendant at 5%, and on July 30, 1997, the principal and interest on the standard lending amount to KRW 133,551,000, as written in the instant case.
(2) The Defendant also drawn up and set up a letter of this case concerning KRW 80 million among the principal and interest identified as above.
(3) The defendant shall pay to the plaintiff 50 million won of the principal and interest related to the above written statement.