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1. The Defendant’s KRW 38,118,897 as well as the Plaintiff’s KRW 30% per annum from April 7, 2014 to July 14, 2014.
Reasons
In light of the overall purport of the pleadings, the facts of recognition as to the cause of the claim No. 1, No. 1, No. 2, No. 1, No. 7, 9, and No. 10 are written (including the number of pages; hereinafter the same shall apply) and the overall purport of the pleadings, the plaintiff from April 22, 201.
9. By April 2, 201, the Defendant lent KRW 46.2 million to the Plaintiff. On September 4, 2011, the Defendant: (a) prepared a loan certificate (in the above loan certificate No. 1, the portion relating to the interest agreement is indicated in the blank) to pay KRW 50 million, plus KRW 3.8 million, in the name of interest; (b) and delivered it to the Plaintiff by September 6, 2012; and (c) thereafter, the Defendant issued a money loan certificate (the above loan certificate No. 1, 200,000,000,000 won, plus KRW 3.8 million, in the order of each loan certificate (the above loan certificate No. 1, 200,000,000,000 won, from the Defendant to September 4, 2012, the Plaintiff received KRW 400,000,00,000 from the Plaintiff for each 200,000,00 won.
Judgment
According to the above facts, the Defendant paid to the Plaintiff KRW 4 million out of the loan amount of KRW 50 million as stipulated in the first loan certificate until September 6, 2012, and thus, the remainder of the loan amount of KRW 46 million should be repaid as of the due date.
[On the other hand, the plaintiff asserts that the interest specified in the first loan certificate should be paid even before the due date specified in the second loan certificate. However, in light of the fact that only the interest indication is blank in the first loan certificate, and the principal of the first loan is indicated by adding interest to the money that was lent to the time, it is reasonable to view that there is no separate interest agreement on the loan amount of KRW 50 million as specified in the first loan certificate, and this part of the plaintiff's assertion is rejected. However, in accordance with the second loan certificate prepared after the due date specified in the first loan certificate, the defendant is calculated at the rate of 30% per annum from September 2012.