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1. The defendant shall pay 34 million won to the plaintiff and 20% per annum from March 17, 2018 to the day of complete payment.
Reasons
1. Basic facts
A. On February 3, 2007, the defendant drafted a letter of payment to the plaintiff on February 3, 2007 as follows:
(1) The defendant agreed to pay 6 million won per share by purchasing goods on May 1, 2005, the sum of KRW 30 million per month, and KRW 60 million per share, but the defendant did not pay 1 million per share of the above payment with the interest rate of KRW 1 million from February 15, 2007, respectively.
7. From 15th to 15th day of each month, I swear that 3 million won shall be repaid in good faith.
Provided, however, I will pay the above amount in addition to the interest of 20% per annum from February 15, 2007 if the defendant fails to pay it once, respectively.
B. The Defendant did not comply with the content of the instant letter of payment once.
C. On January 13, 2015, the Defendant filed an application for immunity for individual bankruptcy and immunity with the Daejeon District Court No. 2013Hadan2126, 2013 213, and the immunity was finalized on January 13, 2015 (hereinafter “instant immunity”), and the Plaintiff did not enter the Plaintiff as the obligee at the time of the said application.
[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, and Eul evidence 1 to 3
2. As to the plaintiff's cause of claim
A. We examine the claim of this case against the defendant, such as the claim stated in the purport of the claim, since the defendant asserted the payment of the claim of this case in the following order.
B. The Defendant’s assertion 1 summary of the Defendant’s defense of extinctive prescription did not perform KRW 1 million on February 15, 2007, which was the initial date of the instant payment rejection, and the starting date of the extinctive prescription of the instant claim was February 16, 2007. As such, the extinctive prescription of the instant claim was completed on February 17, 2017, which was ten years thereafter.
The proviso clause of the above letter of payment requires, however, payment of 60 million won and 20% interest per annum retroactively from February 15, 2007.