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1. The Defendant’s KRW 22,021,917 as well as 5% per annum from May 8, 2014 to March 19, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 31, 1994, the Plaintiff set KRW 35,000,000 to the Defendant as interest rate of KRW 2% per month.
B. Around February 3, 1997, the Plaintiff lent 45,500,000 won to the Defendant, and 20,000,000,000 won around March 6, 1997, and around March 26, 1997, and 87,50,000 won around March 26, 1997, respectively. On August 16, 1997, the Plaintiff was issued two promissory notes with face value of 100,000,000 won from the Defendant.
C. On March 16, 2012, the Plaintiff agreed with the Defendant to “the Plaintiff waives all its claims, and the Defendant paid KRW 30,000,000 to the Plaintiff by the end of 2012” (hereinafter “instant agreement”).
On May 7, 2014, the Defendant repaid KRW 10,000,00 to the Plaintiff.
【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 4, 6, 9, Eul's 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts found as above, the Defendant was obligated to pay the Plaintiff the sum of KRW 188,000,000 for each borrowed loan and delay damages therefrom, prior to the agreement of this case.
B. (1) On March 16, 2012, the Plaintiff agreed with the Defendant to waive all of its claims, and the Defendant paid KRW 30,000,00 to the Plaintiff by the end of 2012. (2) The novation prescribed in Article 500 of the Civil Act is a contract to extinguish the existing obligation and to establish a new obligation that is not identical. In the event a new agreement is entered into with respect to the existing obligation, whether such agreement falls under the novation or simply changes the repayment period or repayment method of the existing obligation is determined by the intent of the parties (see Supreme Court Decision 2010Da8655, Mar. 10, 201). According to the aforementioned facts and the purport of the entire pleadings, according to the purport of the foregoing recognition and the entire argument, several existing obligations were several loans after the instant loan was converted into one of the loan obligations.