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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 20,000,000 and its amount from April 1, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On October 2009, the Plaintiff started to install a singing room (hereinafter “instant singing room”) within 203, the Kimhae-si Building C (hereinafter “instant commercial building”) owned by the Defendant. On October 20, 2009, the Plaintiff prepared a loan certificate stating that “I will borrow the said amount from the owner of the instant commercial building in order to use it as the investment cost of the instant commercial building (hereinafter “the instant loan certificate”).” around October 20, 2009, the Plaintiff received KRW 20 million from the Defendant and then received the payment of KRW 20 million from the Defendant.
B. In addition, around that time, the Plaintiff prepared a contract with the Defendant stating the following (hereinafter “instant contract”).
To borrow KRW 20 million from Japan. 1. to calculate the total construction cost as KRW 50 million, and to borrow KRW 20 million as subsidies for construction cost. 2. to pay interest of KRW 12% per annum and to pay interest of KRW 20 million at least three times in arrears.
3. The promise is made to operate a singing room for three months after completion of the singing work and to arrange for three months after the completion of the construction work (on the other hand, until the completion of the construction work). 4. Singing construction cost is promised to pay the construction cost by singing and selling and receiving the construction cost. 5.0 million won during the singing operation, promising the payment of the construction cost as the collection of KRW 1.5 million and not to delay on three or more occasions, and the payment of the management fee shall not be in arrears at least once. 6.
C. On January 30, 2010, the Plaintiff completed the construction of the instant singinging facility, and signed a charter agreement with the Defendant stating the following (hereinafter “instant charter agreement”).
1. During the arrangement of rent singing construction grants of KRW 1.6 million per month, including the interest of KRW 20 million.