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1. The defendant,
A. The Plaintiff A’s KRW 100,000,000 as well as 5% per annum from May 28, 2009 to April 25, 2018.
Reasons
1. Basic facts
A. On May 27, 2002, the plaintiff A had lent money to the defendant from May 27, 2002, the defendant drafted a written agreement stating, "The above debtor agrees from the creditor about KRW 100 million to KRW - the due date shall be May 27, 2009, and the creditor shall not raise any civil or criminal objection not later than the due date." The plaintiff A received the written agreement (hereinafter "the first agreement of this case"). At the time when the defendant delivered the first agreement of this case to the plaintiff, the "debtor" column of the bottom was signed by the defendant, but the "creditor" column of the upper part was in blank.
B. In addition, on the day of May 27, 2002, the Plaintiff A drafted a written agreement on May 27, 2002, stating that “The above obligor used KRW 100,000,000 from the obligee, but the repayment date shall be May 27, 2009 without interest of 60% of the principal amount, and the obligee shall not file a civil or criminal objection prior to the said payment date.” The Plaintiff A signed the agreement on May 27, 2002 (hereinafter “instant second agreement”).
C. Although the Defendant did not sign or seal the “debtor” column of the instant agreement, on May 27, 2002, which was the date of the preparation of the instant agreement, the Defendant issued to the Plaintiff the instant agreement, stating that the Defendant “Ilman’s receipt was issued on the back of May 27, 2002, but may be given three or four years in the future, so it may be given up to three or four years in the future.”
On the other hand, on February 3, 2006, Plaintiff B loaned KRW 10 million to the Defendant, and the Defendant promised to keep the above amount in custody and pay it without any justifiable reasons on March 25, 2007, and to accept it without any justifiable reason even by raising a civil or criminal objection.