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1. The Defendant shall pay to the Plaintiff KRW 40,435,992 and interest rate of KRW 15% per annum from September 6, 2018 to the date of complete payment.
Reasons
1. On June 3, 2008, the Plaintiff’s judgment as to the cause of the claim received from the Defendant the No. 380, a notary public’s document of promissory notes (hereinafter “No. 165,000,000 won”) from the Defendant on June 3, 2008, and the fact that the Plaintiff was paid KRW 124,564,008 by seizing and executing the Defendant’s wage claim with the notarial deed of this case is no dispute between the parties.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 40,435,92 (i.e., KRW 165 million - KRW 124,564,008) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from September 6, 2018 following the delivery of the instant complaint to the day of full payment, as the Plaintiff seeks.
2. Judgment on the defendant's assertion
A. The defendant asserts that the execution document of this case was not valid since it was written by the plaintiff's intimidation, compromise, and coercion. However, there is no evidence to acknowledge the defendant's above assertion.
B. First, the defendant asserts that the plaintiff had received reimbursement of KRW 50 million from the defendant's father D, and submitted the evidence Nos. 1 and 2-1 and 2-2. However, each of the above evidence is related to the lawsuit for cancellation of the right to collateral security between D and E, and even if E was paid for the amount of KRW 50 million due to the mediation in the above lawsuit, it cannot be viewed that the effect was directly related to the legal relationship related to the deed of the promissory note drawn up between the plaintiff and the defendant. 2) Next, the defendant introduced F to borrow KRW 140 million from F and had the defendant borrow KRW 70 million from F, and then received KRW 70 million from F. However, the defendant's evidence and witness's testimony submitted by the defendant are alone.