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1. The Defendant shall pay KRW 74,550,00 to the Plaintiff the annual rate of KRW 15% from March 29, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. After joining the sequence operated by the Defendant and paying monthly deposit, the Plaintiff received KRW 40,000,000 from the last sequence and subsequently lent it to the Defendant.
B. Meanwhile, the Plaintiff, separate from the above sequences, subscribed to another sequence operated by the Defendant and paid monthly fraternitys. However, the Defendant did not pay the fraternitys by the Plaintiff’s sequences, and the Plaintiff was issued a promissory note with face value of KRW 34,500,000 from the Defendant on March 15, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 74,550,000 plus KRW 34,550,000 (= KRW 40,000,000) plus KRW 34,550,000 (= KRW 34,550,000), as sought by the Plaintiff, delay damages at the rate of 15% per annum, which is the day following the delivery of the copy of the instant complaint, from March 29, 2017 to the day of full payment.
As to this, the defendant did not pay KRW 34,50,000 to the plaintiff. However, the defendant's defense to the effect that the loan KRW 40,000,000 was fully paid KRW 15,000 on October 20, 2013, and KRW 25,000,000 on February 20, 2016. However, there is no evidence to support that the defendant paid KRW 40,00,000 to the plaintiff in installments. Thus, the defendant's defense is without merit.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.