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1. The defendant's KRW 75,000,000 and its amount shall be 5% per annum from March 1, 2009 to June 11, 2014 to the plaintiff.
Reasons
1. Basic facts
A. On July 2, 2008, the Defendant received KRW 59,500,000 from the Plaintiff, while delivering to the Plaintiff a promissory note consisting of KRW 10,500,000,000, the amount of which is calculated by deducting the interest of KRW 10,50,000 from the prepaid interest, when the Defendant delivered to the Plaintiff a promissory note consisting of KRW 10,50,000,000, which is the date of the issuance, as well as a photograph, for the Plaintiff’s issuance of the certificate of borrowing that “the repayment of KRW 70,00,000 is to be made by September 30, 2008.”
B. On July 9, 2008, the Defendant received 64,500,000 won, subtracting the advance interest of KRW 10,500,000 from the Plaintiff, while delivering to the Plaintiff a promissory note that is the date of June 19, 2008, the issue date of which is June 19, 2008, and the due date of which is September 30, 2000, the Defendant received 64,50,000,000 from the Plaintiff, which is a prepaid interest of KRW 10,50,000.
C. A promissory note, the payment date of which was September 30, 2008, was settled in default. The Defendant borrowed KRW 75,000,000 from the Plaintiff on October 27, 2008, and the Defendant received the promissory note from the Plaintiff on November 27, 2008, which was KRW 10,000,000 as at the end of December 2008, KRW 10,000 as at the end of December 2008, and KRW 25,00,000 as at the end of January 2009, and KRW 30,000,00 as at the end of February 30, 209, and delivered to the Plaintiff the certificate of borrowing (hereinafter “the certificate of borrowing”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 2-1, 2-3-1, 2-2, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the purport of the claim, the defendant is obligated to pay to the plaintiff 75 million won according to the loan certificate of this case and 5% per annum as prescribed by the Civil Act from March 1, 2009 to June 11, 2014, the delivery date of a copy of the complaint of this case, and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.
B. The defendant's assertion is based on the loan certificate (No. 1) of this case.