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1. The defendant shall pay 3,00,000 won to the plaintiff and 20% per annum from November 1, 2007 to the day of complete payment.
Reasons
1. Basic facts
A. On February 7, 2003 and April 30, 2003, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the principal and interest on the above loan amounting to KRW 120,000,000,00, and interest or delay damages thereon, on the ground that the Plaintiff lent a total of KRW 120,000 to the Defendant.
(Seoul Northern District Court 2007Gahap2651).(b)
As of the date for preparatory pleading of the above case held on May 14, 2007, “the Defendant shall pay the Plaintiff KRW 35,000,000 until October 31, 2007, but if the above amount is not paid by the above payment date, a settlement was made with the effect that the above amount shall be paid by adding damages for delay at the rate of KRW 20% per annum from November 1, 2007 to the date of full payment (hereinafter “the settlement in this case”).
C. On January 11, 2008, the Defendant repaid KRW 2,000,00 to the Plaintiff, and the Plaintiff prepared and issued to the Defendant a receipt stating “the Plaintiff and the Defendant’s obligation relationship” (hereinafter “instant receipt”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the defendant is obligated to pay to the plaintiff 3,00,000 won (the plaintiff is the person whose repayment amount was made on January 11, 2008 is appropriated for principal) and to pay 20% interest per annum from November 1, 2007 to the day of full payment.
B. After determining the Defendant’s assertion, there was an agreement between the Plaintiff and the Defendant on the repayment of obligations several times after the settlement of this case 1, but the Defendant’s circumstances did not reach an agreement, and agreed to settle the obligation and obligation based on the settlement of this case by having the Defendant repaid KRW 2,00,000 on January 11, 2008.
Accordingly, the Plaintiff prepared and delivered the receipt of this case to the Defendant, and issued the original copy of the protocol of conciliation of this case to the Defendant.