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1. As to the Plaintiff KRW 50,000,000 and its KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 30,000,000 from September 18, 2013.
Reasons
1. In full view of the Plaintiff’s statement and the purport of the entire pleadings as to the Plaintiff’s cause of claim, the Plaintiff agreed on July 17, 2012 to lend KRW 20,000,000 to the Defendant on the basis of the interest rate of KRW 1% per month, and December 17, 2012. On July 18, 2012, the Plaintiff paid KRW 19,00,000,000 after deducting KRW 1,000 from the Defendant prior interest of KRW 1,00,000; on December 6, 2012, the Plaintiff agreed to lend KRW 30,00,000 to the Defendant on June 5, 2013; and on the same day, after deducting KRW 1,80,000,000 from the prior interest of KRW 1,00,000; and on the same day, the Plaintiff paid KRW 300,000 after the due date of reimbursement to the Defendant.
According to the above facts of recognition, the defendant is obligated to pay the plaintiff the total amount of KRW 50,000,000 and interest or delay damages on the above loans, unless there are special circumstances.
2. Judgment on the defendant's defense
A. The defendant's assertion that the defendant's above loan obligation against the plaintiff was extinguished for the following reasons.
1) Around July 2013, the Defendant agreed to receive 3% shares of the said corporation in return for being commissioned as a non-standing outside director in charge of external public relations, interference with and consultation service for collaborative companies and practice of the said corporation. (2) On the other hand, on August 30, 2013, the Plaintiff entered into an agreement with C fisheries partnership and D fisheries partnership, between the Plaintiff and each of the said corporations, to have 150,000,000 won (the first: August 30, 2013; KRW 30,000,000,000, and the second: KRW 30,000,000 on September 6, 2013; and the third: 90,000,000 on September 30, 2013; and in return, the Plaintiff agreed to have shares of C fisheries partnership and 5% shares of D 3% shares.
3) The Plaintiff and the Defendant drafted a written agreement (No. 3) around October 2013, and the Defendant settled a shortage of KRW 50,000,000 among the amount scheduled for the third investment as set forth in paragraph (2) by any way.