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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 27, 2016, the Plaintiff decided to borrow KRW 30 million from the Defendant. On the same day, the Plaintiff issued a loan certificate to the Defendant on June 28, 2016, setting the Defendant as the principal amounting to KRW 30 million, the date of the loan, June 28, 2016, the due date of payment, September 27, 2016, the interest rate of KRW 24 per annum, and the due date of interest payment (in advance payment) 28 days per month.
B. On March 10, 2017, the Defendant filed an application against the Plaintiff for the payment order of the loan claim with the Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2017 Ghana 2175 on the ground that the Plaintiff’s objection against the payment order was filed on April 27, 2017, and the said court closed the pleadings on April 27, 2017, and rendered a judgment on May 25, 2017 that “the Plaintiff shall pay the Defendant the amount calculated at the rate of 24% per annum from June 28, 2016 to the date of full payment,” and the said judgment became final and conclusive on June 15, 2017.
(hereinafter referred to as “previous Litigation”). [Grounds for recognition] No dispute exists, Gap evidence Nos. 3, 22, and 23, Eul evidence No. 1, and the purport of the whole pleadings.
2. The gist of the Plaintiff’s assertion was that the Defendant borrowed a business fund of KRW 60 million from the Defendant, along with the Plaintiff’s partner, to proceed with the business (Plaintiffs KRW 30 million, KRW C15 million, and KRW D15 million), and the Plaintiff’s partner paid interest to the Defendant.
Although the Defendant filed a previous lawsuit against the Plaintiff, even though he/she was paid a sum of KRW 1.2 million for the Plaintiff’s prepaid interest and KRW 7.2 million for six months from July 28, 2016 to January 27, 2017 (i.e., KRW 60 million x 2% per month x 6% per month x 1.2 million on July 28, 2016 to December 2016) by the Plaintiff’s partner, the Defendant filed the previous lawsuit against the Plaintiff.
The Plaintiff’s share of KRW 8.4 million is KRW 4.2 million, which is interest corresponding to the amount of KRW 7.7 months, and the Plaintiff lost the previous lawsuit because it did not request the details of interest paid to the Defendant because it is not good with its partners.
However, the above new evidence is submitted.