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1. The Defendant shall pay to the Plaintiff KRW 75,00,000 and the interest rate of KRW 20% per annum from April 21, 2011 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff agreed to the Defendant on several occasions from February 28, 2003 to January 26, 2006 on a sum of KRW 305,790,540 (hereinafter “instant loan”) and lent KRW 305,790,540 (hereinafter “instant loan”).
B. Around that time, the Defendant paid to the Plaintiff totaling KRW 225,030,00,00 from June 30, 2003 to July 1, 2008, as indicated in the attached table of satisfaction of performance, with the repayment of the instant loan. This was appropriated for the interest on the instant loan (in the case of a minimum agreement, the second installment per month) and the principal as indicated in the attached table of satisfaction of performance, and the amount of the loan as of July 1, 2008, as of July 1, 2008, is KRW 162,485,026, and the unpaid interest is KRW 82,58,080.
C. Meanwhile, on April 20, 2011, the Plaintiff voluntarily adjusted to Nonparty C to transfer KRW 100,000,000 out of the instant loan claims against the Defendant, in Seoul Central District Court 2010Kadan422, which became final and conclusive around that time.
On May 2, 2011, the non-party C, who was delegated with the right of notification of transfer by the plaintiff, notified the defendant of the assignment of the above assignment, and at that time, the above notification was delivered to the defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 2, Gap evidence 5-10, Eul evidence 1, Eul evidence 6-8, and the purport of the whole pleadings
2. The Plaintiff filed a claim against the Defendant for the remainder after deducting KRW 100,000,000 that was transferred to Nonparty C on April 20, 2011 among the instant loans. In full view of the evidence and the purport of the entire pleadings, the Plaintiff transferred KRW 100,000 out of the instant loans to C as of April 20, 201, the remainder of the instant loans as of April 20, 201 [35,339,82] [the amount of the instant loans as of July 1, 2008, as of July 1, 2008, KRW 245,043,106 (the balance of principal 162,485,026 Won 82,558.588.