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1. The Plaintiff’s performance certificate against the Defendant is based on the Plaintiff’s letter of performance as of August 25, 2015, letter of loan as of April 28, 2016, and letter of performance as of August 1, 2016.
Reasons
1. Basic facts
A. On August 25, 2015, the Plaintiff’s performance certificate, loan (investment) certificate, and performance note 1), the Plaintiff, on August 25, 2015, shall provide the Defendant with the following performance certificate (hereinafter “instant performance certificate”).
1) On August 25, 2015, the Plaintiff prepared and proposed a loan (investment) certificate (hereinafter “the instant loan certificate”) with the content indicated below on April 28, 2016 to the Defendant on August 28, 2016.
The total amount of a loan of KRW 168 million is indicated as KRW 7 million, “160 million,” “540 million,” “70 million,” and “70 million won,” each of which is KRW 54 million paid in KRW 168,000,000,000,000,000,000. However, if the amount of the above loan is combined with the amount of KRW 229,000,000,000,000,000,000,000,000,000,000,000 KRW 168,000,00,000,000,000,000,000, the Plaintiff entered as follows (hereinafter “instant implementation note”) on August 1, 2016, the Plaintiff stated as
(B) The principal has drawn up and proposed a claim for a loan (hereinafter referred to as “previous lawsuit of this case”) to the Seoul Central District Court for the payment of KRW 215.7 million and delay damages against the Plaintiff on several occasions until February 4, 2016. The principal confirmed that the Defendant borrowed a total of KRW 215.7 million from the Defendant. By December 30, 2016, the amount will be paid up until December 30, 2016, and if the above deadline is not met, 20% delay damages shall be added annually.
(1) The court filed a suit. The court rendered a ruling that “The plaintiff shall pay to the defendant the amount of KRW 215.7 million with 5% per annum from January 1, 2017 to September 20, 2017, and 15% per annum from the next day to the day of full payment” (Seoul Central District Court 2017Gahap29304).
The plaintiff appealed against this.