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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
In around 2016, the Plaintiff and the Defendant agreed to allow the Plaintiff to obtain a doctorate and bachelor’s degree from the U.S. E-university in a manner that the Plaintiff could easily obtain a doctorate and bachelor’s degree from the U.S. E-university without completing the real curriculum necessary for the conferment of degrees, and in return, the Defendant agreed to pay the Plaintiff KRW 29,000,000 to the Plaintiff at all expenses related to the doctorate degree, and KRW 32,00,000 at the bachelor’s degree.
As between April 13, 2016 and May 10, 2016, the Defendant completed the Plaintiff’s payment of KRW 29,00,000 for the aforementioned C-related expenses. However, on April 20, 2016, the Defendant promised to immediately pay KRW 32,00,000 for the aforementioned D-related expenses and to pay them in the future, the Defendant borrowed KRW 32,00,000 from a law firm F from the Plaintiff, and drafted an authentic deed under the Monetary Loan Agreement (hereinafter “notarial deed of this case”) of April 20, 2016, stating that a notary public borrowed KRW 32,00,000 from the Plaintiff from a law firm F, and that such money would be repaid on April 20, 2017.
[Grounds for recognition] At the time of preparing the Plaintiff’s assertion of the Plaintiff’s ground of claim as to the Plaintiff’s grounds of claim as to facts without dispute, Gap’s evidence Nos. 1 and 2, and the entire pleadings, the Defendant promised to pay to the Plaintiff KRW 32,00,000 and interest rate of KRW 25% per annum.
Therefore, the defendant is obligated to pay to the plaintiff 5,37,300 won and delay damages, including the interest of 23,337,300 won per annum until March 19, 2020 and interest of 25% per annum until March 19, 2020.
Judgment
At the time of the preparation of the instant notarial deed, there is no evidence to acknowledge that the Defendant agreed to pay the Plaintiff 25% interest per annum on KRW 32,000,000.
Rather, according to the statement of the No. 2 of this case’s No. 32,00,000 won, the defendant borrowed 32,00,000 won and repaid until April 20, 2017, and only can it be recognized the fact that the defendant agreed to do not have interest.
32,00,000 won obligation is due to the defendant's defense for repayment, so the health unit, the evidence mentioned above, and B.