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1. Defendant B’s KRW 115,00,000 as well as 5% per annum from April 18, 2014 to January 30, 2015 to the Plaintiff.
Reasons
1. Claim against the defendant B
A. (i) The defendant has continued to engage in monetary transactions with the plaintiff as a member of the fraternity operated by the plaintiff as the original plaintiff.
As of November 6, 2009, the loan certificate was drawn up with the content that the above defendant borrowed 70 million won from the plaintiff (hereinafter "the first loan certificate").
As of May 3, 2013, the above Defendant’s 145 million won interest rate was 24% per annum and the due date on May 3, 2016, and if the payment of interest was delayed once, the loan certificate was drawn up (hereinafter “second loan certificate”) to the effect that the Defendant borrowed 105 million won from the Plaintiff on May 3, 201.
Applicant on July 24, 2013, the Plaintiff: (a) prepared a written confirmation (Evidence B) stating that “I will receive KRW 30 million from the above Defendant on the basis of the loan certificate ( KRW 145 million) on July 24, 2013; and (b) receive KRW 115 million on the basis of the repayment of KRW 70 million from the said Defendant; and (c) confirm that I will refund the bond certificate to the said Defendant and terminate the obligation upon the repayment of KRW 70 million on the prompt date.” (Evidence B)
[Ground of recognition] Facts without dispute, Gap evidence Nos. 13-1, 2, Eul evidence No. 13-1, the purport of the whole pleadings
B. (i) As to the claim for KRW 70 million based on the first loan certificate, the Plaintiff sought payment of the above KRW 70 million and its delay damages, the Defendant asserted that this part of the claim is included in the obligations based on the second loan certificate last made. Therefore, the Defendant did not have any separate obligation to be repaid based on the first loan certificate.
B. The Plaintiff and the Defendant continued to engage in money transactions even after the issuance of the first loan certificate, and the Plaintiff and the Defendant, together with interest and new loan obligations arising therefrom, can be acknowledged as having received a renewed loan certificate, and the above facts are as follows: (a) the partial repayment of and conditional exemption from part of the obligations on the second loan certificate, which are deemed to be followed, shall be based on the first loan certificate at the time of the agreement on partial exemption.