beta
Text
1. The Defendant shall pay to the Plaintiff KRW 53,00,000 and the interest rate of KRW 15% per annum from December 16, 2016 to the date of full payment.
Reasons
1. Comprehensively taking account of the respective descriptions of evidence Nos. 1 and 2 as to the cause of the claim and the overall purport of the pleadings, the loan certificate (hereinafter “the first loan certificate”) on December 12, 2006 and the loan certificate (hereinafter “the second loan certificate”) on December 13, 2006 between the Plaintiff and the Defendant as follows.
The fact that the above two loans have been made at the time of the first loan certificate is disputed between the parties (the amount referred to in the first loan certificate): 28,000,000 won, the defendant borrowed the above amount from the plaintiff and vowed to pay it until December 2007.
(the same time as the issuer’s C Promissory Notes)
The amount of the second increase in the amount: 50,000,000 won shall have borrowed the above amount from the plaintiff and shall have repaid until December 2008.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the sum of KRW 25,00,000,000 (the amount that the Defendant promised to pay to D) remaining after deducting the Plaintiff’s claim amount from the total of KRW 28,000,000,000 from the total of KRW 3,000,000 and KRW 50,000,000 from the total of KRW 28,000,000 from the date following the delivery of the copy of the complaint of this case, as sought by the Plaintiff, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of KRW 15% per annum from the date following the delivery of the copy of the complaint of this case to the date of full payment.
2. The defendant's argument as to the defendant's assertion, the above loan certificates are related to the discount of promissory notes from the plaintiff around 2002, and the amount in the first loan certificate is included in the amount in the second loan certificate, and as long as the defendant agreed to pay 25,000,000 won directly to D, the plaintiff's claim should be dismissed.
However, each statement of Nos. 1 through 3 alone is not sufficient to regard that the amount of Nos. 1 and 2 as identical claims, or that the Defendant paid KRW 25,00,000 to D with the payment of KRW 25,00,000, and there is no other evidence to acknowledge it.