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1. The Defendant shall pay 217,650,000 won to the Plaintiff and 20% per annum from December 13, 2014 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff loaned KRW 20 million to the Defendant on May 2, 2008, and subsequently, leased KRW 196 million to the Defendant on May 10, 2013, but was paid only KRW 48.35 million from the Defendant from March 22, 2013 to March 21, 2014.
B. On December 1013, 2013, the Defendant issued to C a promissory note 50 million won under the Plaintiff’s name and written a notarized deed (No. 1696, a notary public No. 2013) on March 17, 2014 to D and issued a notarized deed (No. 30 million won in the Plaintiff’s name of promissory note 30 million won in the Plaintiff’s name) to D on March 17, 2014, on the following grounds: “The Plaintiff, after having subscribed to the System under the Plaintiff’s name, requested the Plaintiff to provide a document necessary for the notarial act by deceiving the Plaintiff.”
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 147.65 million (i.e., KRW 196 million - KRW 48.35 million) payable to the plaintiff (i.e., KRW 50 million - KRW 30 million - KRW 10 million - KRW 7.65 million), and to pay damages for delay at a rate of KRW 20 million per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 13, 2014 to the day of full payment (i.e., KRW 147.65 million) on the record that the copy of the application for the instant payment order was delivered to the defendant.
3. Thus, we conclude that the plaintiff's claim of this case is reasonable and acceptable.