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1. Defendant B shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from May 26, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On January 13, 2004, the Plaintiff loaned KRW 300,000,000 to Defendant B as of March 12, 2004.
B. As Defendant B failed to pay the above money, the Plaintiff filed a complaint against Defendant B on or around December 2007 against the charge of fraud.
C. Defendant B was indicted for a crime of fraud on September 22, 2008, and was legally detained on May 22, 2009 by serving a sentence in the first instance trial on May 22, 2009.
Defendant B repaid to the Plaintiff KRW 50,000,000 out of the borrowed money, among the criminal trials of the first instance trial.
After Defendant B was legally detained, the following agreements were made on June 10, 2009 (hereinafter “instant agreement”).
The end of each month for the business profits (D, E, and F) portion of B shall be settled and paid to A at the 15th day of the following month (based on the amount of money received), at the approval of the 5th day of the following month.
Provided, That the amount to be paid shall be 250 million won.
As to the above matters, G agent G confirms that he is appointed B as agent.
E. The above arrangement states “B agent: G” and is signed by G, and the name plates and corporate seal impressions of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) are affixed next to the entry of “A”.
E. On June 10, 2009, the Plaintiff and G drafted a written agreement (hereinafter “instant agreement”) stating that “A and B, on behalf of the perpetrator, are smoothly agreed with the victim A and B on behalf of the perpetrator, and they are not punished, as well as agreed not to raise any civil or criminal objection any longer in the instant case.”
F. After formulating the instant agreement and the instant agreement, Defendant B was released upon the ruling of permission on bail on July 1, 2009 at the appellate court.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4
2. The parties' assertion
A. Defendant B’s assertion that the Plaintiff did not pay KRW 250,000,000,000, out of the loan amount of KRW 300,000.