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1. The defendant shall be the plaintiff.
(a) 84,950,000 won and the rate of 15% per annum from July 26, 2016 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. According to the purport of Gap evidence No. 1 (a statement of debt performance, the defendant alleged to have been written by strong pressure, but no evidence exists to acknowledge it), and the whole purport of pleadings, the defendant shall pay to the plaintiff, on October 21, 2015, KRW 40,000,000 until December 31, 2015, KRW 50,000 from January 31, 2016 to December 6 of the same year, and KRW 50,000,000,000 from July 2016 to December 21, 2016, and the remaining amount is promised to be repaid from January 2017 to June 6, 2017."
The fact that the plaintiff received KRW 5,050,000 among them is recognized as having been prepared and delivered.
B. According to the above facts of recognition of the obligation due, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 84,950,000 calculated by deducting KRW 5,050,000,000, which was paid to the Plaintiff at KRW 90,000 as of the date of the closing of argument in the instant case, and damages for delay calculated at the rate of 15% per annum from July 26, 2016 to the date of the completion of payment, as the Plaintiff seeks.
C. In accordance with the instant statement of performance that determines the obligations whose maturity has not yet arrived, the Health Center and the Defendant entered into a special agreement on the partial repayment agreement with the Plaintiff and the Defendant on the loss of the benefit of time regarding the partial repayment agreement with respect to the installment payments whose maturity has not yet arrived as of the closing date
Inasmuch as there is no evidence to prove that there exists a ground for loss of profit under the provision of Article 388 of the Civil Act or there is a ground for loss of profit under the provision of Article 388 of the Civil Act, it is difficult to recognize that the Defendant lost the benefit of time solely on the ground that the Defendant delays part
However, the defendant's installment payments from the plaintiff.