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1. As to KRW 1,200,000,000 among the Plaintiff and KRW 1,000,000 among them, the Defendant shall start from December 31, 2015 to August 26, 2016.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff asserted that the Plaintiff lent KRW 1 billion to the Defendant, and paid it to Plusian Co., Ltd. (hereinafter “Plusian”) designated by the Defendant.
In addition, by December 30, 2015, the Plaintiff agreed between the Defendant and the Plaintiff that the Plaintiff shall pay not only one billion won of the loan principal but also 200 million won in addition to the above loan principal, and shall pay damages for delay by 30% per annum at the time of payment.
Therefore, the defendant is obligated to pay to the plaintiff the sum of 1.2 billion won and the amount calculated by the rate of 25% per annum out of the agreed delay damages.
B. According to the purport of the evidence Nos. 1 and 2, the Plaintiff drafted a written agreement with the Defendant on August 25, 2015 (hereinafter “instant agreement”). The Plaintiff paid KRW 1 billion to Pluenna for the Suwon-si and the 21 commercial building sales agency business (hereinafter “instant business”), through the said agreement, upon paying KRW 200 million to the Plaintiff by December 30, 2015, the Defendant paid 30 million interest rate of KRW 1 billion to the Plaintiff and KRW 200 million for unpaid business, and at the time of the occurrence of the issue of the instant business proceeding, the Plaintiff shall be liable for the Defendant’s payment of KRW 1 billion to the Plaintiff and KRW 200 million to the KRW 1 billion to the Plaintiff and KRW 200 million to the Plaintiff, and the Plaintiff shall be recognized as having paid KRW 200 million to the Plaintiff on December 30, 2015 to the Plaintiff, which is the enforcement company, in accordance with the said agreement.
According to the above facts, the defendant agreed to pay the plaintiff the total amount of KRW 1.2 billion when the issue of the progress of the business in this case arises. Since the business in this case is discontinued and does not proceed any longer, the business in this case does not proceed as to the total amount of KRW 1.2 billion and one billion among them according to the above agreement.