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1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 20% per annum from April 25, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On March 30, 2007, the Plaintiff: (a) borrowed the amount of KRW 100,000,000 from the Defendant’s note of payment for the following terms (hereinafter “instant payment note”); and (b) drafted the method of repayment as follows: (c) L-4/27 daily amount of KRW 10,000,000 KRW 5/4 daily amount of KRW 5/11,000 KRW 20,000 KRW 5/18 daily amount of KRW 5/25 daily amount of KRW 30,000 KRW 5/25 daily amount of KRW 20,000 KRW 5/18 daily amount of KRW 20 million.
B. On the same day, the Plaintiff was drafted with a promissory note as of May 31, 2007 by the issuer, the Defendant, the face value of KRW 100 million, and the due date.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of KRW 90 million remaining excluding the amount of KRW 10 million that the plaintiff was paid by the defendant, etc. from the debt of the instant payment statement, and to pay damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 25, 2014 to the date of delivery of the original copy of the instant payment order.
(The plaintiff is seeking payment against the defendant of this case. Thus, the defendant's assertion that the actual loan amount is only KRW 50 million is not accepted).
The defendant's assertion was asserted to the effect that the plaintiff filed a lawsuit against C with respect to the debt of this case and the above judgment became final and conclusive upon the plaintiff's winning judgment ordering C to pay KRW 10,500,000 to the plaintiff, and the defendant's debt against the plaintiff was extinguished within the limit of KRW 10,50,000. However, even if the plaintiff received a favorable judgment against C as alleged by the defendant, it cannot be deemed that the defendant's debt against the plaintiff was extinguished, and there is no other evidence to prove otherwise.