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1. As to KRW 230,00,000 and KRW 200,000 among the Plaintiff, the Defendant shall pay to the Plaintiff the Plaintiff KRW 230,000 from August 11, 2012 to July 14, 2014.
Reasons
1. Basic facts
A. The Plaintiff, via C on February 10, 2012, lent KRW 200 million to D (hereinafter “D”) on August 10, 2012 as the due date for payment and KRW 1.5% per interest month. At the time, the Defendant, who was the representative director D, was a joint and several surety.
B. However, D paid only interest until July 2012, and did not pay the principal and interest of the loan thereafter, the Plaintiff entered into a redemption contract with the Defendant on August 11, 2012, setting the repayment period as 3% on September 20, 2012, and setting the interest as 3% on September 20, 2012, and the Defendant would pay the said KRW 200 million. However, in the event of the breach of the contract, the Defendant’s repayment by September 30, 2012 under the terms and conditions of the breach of the contract, 5 million won, if the repayment by October 30, 2012, and 30 million won, if the repayment by November 30, 2012, and 30 million won, if the repayment by November 30, 2012.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, witness C's testimony, purport of whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 200 million in total of KRW 30 million in the leased principal and KRW 230 million in total, and KRW 200 million in the leased principal in accordance with the loan agreement and the repayment agreement, barring any special circumstance, 30 million in total, and 200 million in the leased principal from August 11, 2012 to July 14, 2014, the day following the due date for repayment, to KRW 1227, the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter the same) Article 2(1), (3), and (4) of the former Interest Limitation Act, and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; Presidential Decree No. 25121, Dec. 14, 2014>
The plaintiff.