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1. As to the Plaintiff KRW 71,617,142 and KRW 50,00,00 among these, the Defendant shall pay to the Plaintiff KRW 71,617,142.
Reasons
1. Basic facts
A. On October 2, 2013, the Defendant (the representative director of C Co., Ltd.) asked the Plaintiff to borrow money that he/she became aware of in the construction relationship, and the Plaintiff, from December 2, 2008, lent funds necessary for the Defendant’s business several times at the Defendant’s request.
B. According to the above lending of money, the Defendant: (a) 4 borrowed each of the above lending certificates (hereinafter “each of the above lending certificates”; and (b) 3 borrowed each of the above lending certificates (hereinafter “each of the above lending certificates”) with the purport that the Defendant borrowed the money to the Plaintiff as follows:
1) Loans with a loan certificate of KRW 10,00,000: The date of repayment on March 11, 2009: The second loan certificate of KRW 50,000,000: the interest on KRW 50,000: the date of repayment on September 30, 201;
9. Where payment has not been made by 30. By December 31, 2009, two copies of interest shall accrue from the first date ( December 31, 2009).
[] Date: The loan certificate No. 3 of December 31, 2009: 11,617,142 on the date of repayment: Interest on February 28, 2011: the date on which two copies of the loan certificate are drawn up: February 4, 2011: 10,000,000 won: Interest on February 28, 201: February 28, 201: On February 8, 2011: (a) the date on which two copies of the loan certificate are drawn up; (b) the date on which two copies of the loan certificate are drawn up; (c) the date on which two copies of the loan certificate are drawn up; (d) the date on which two copies of the loan certificate are drawn up; (d) the date on which each of the statements in subparagraphs A through 5, B, and D are written;
2. The assertion and judgment
A. According to the above facts, the Defendant is obligated to pay the Plaintiff the sum of KRW 81,617,142 of the respective loans of this case and interest and delay damages therefrom, unless there are special circumstances.
B. The defendant's defense is a defense that the defendant paid all of the loans of this case. Thus, the defendant's payment of KRW 11,00,000 to the plaintiff on June 5, 2009 can be acknowledged as having been made on the ground that the defendant paid KRW 10,000,000 to the plaintiff on June 5, 2009, barring any special circumstance. Thus, it is reasonable to deem that the loan amount of KRW 10,000 by the first loan certificate was paid upon the above payment.
For this reason,