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1. As to the Plaintiff KRW 170,000,000 and KRW 70,000 among them, Defendant B shall be from September 6, 2016 to April 20, 2018.
Reasons
1. Determination as to the claim of KRW 170,000,000 against Defendant B
A. The Plaintiff’s assertion and Defendant B continued to engage in precious metal transactions for several years. During that process, the Plaintiff’s outstanding receivables, loan claims, etc. against Defendant B continued accumulation.
Accordingly, on September 2, 2015, the Plaintiff completed the settlement of accounts for outstanding amount claims, loan claims, etc. by preparing a notarial deed on money loan agreement between Defendant B and Defendant B on January 20, 2016, stating that Defendant B borrowed KRW 100 million from the Plaintiff.
However, Defendant B is merely liable for the payment of KRW 30 million out of the settlement payment obligation based on the above certificate. As such, Defendant B is liable to pay to the Plaintiff the remainder of the settlement payment of KRW 170 million and interest and delay damages.
B. (1) The Plaintiff and Defendant B are engaged in the category of precious metal-related business and have been aware of for more than 20 years, with frequent monetary transactions, such as selling precious metals or lending money among each other.
(2) On September 5, 2015, Defendant B settled various existing monetary transactions with the Plaintiff. Defendant B paid KRW 30 million to the Plaintiff KRW 30 million until January 5, 2016, KRW 30 million until May 5, 2016, and KRW 40 million until September 5, 2016, and paid interest to the Plaintiff at KRW 2.5% per month, and written a loan certificate and written agreement with the Plaintiff as Law Firm D, etc. to verify this.
hereinafter this agreement is referred to as the "Settlement of Accounts of September 2, 2015".
(A) (Evidence 1). (C) Even after the settlement on September 2, 2015, the Plaintiff and Defendant B had re-related a monetary transaction. Defendant B settled an additional monetary transaction with the Plaintiff on January 20, 2016, and Defendant B paid KRW 30 million up to May 20, 2016, KRW 30 million up to September 20, 2016, KRW 30 million up to September 20, 2016, and KRW 40 million up to January 20, 2017.