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1. The Defendant’s KRW 120,000,000 as well as 6% per annum from December 31, 2008 to November 17, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a stock company established for the purpose of the new construction and sales business of housing and commercial buildings. Around April 2006, the defendant borrowed money from the plaintiff, and on April 17, 2006, the defendant issued and delivered a letter of payment stating that "by May 17, 2006, the plaintiff will repay KRW 320 million borrowed money at the time of paying the down payment to the apartment house site B in Ulsan-gu, Ulsan-gu.
B. However, on March 30, 2007, the Defendant again prepared and delivered a letter of payment stating that “The Plaintiff shall pay 400 million won by April 30, 2007, and shall pay 20 million won a penalty every month in violation of this provision,” but failed to perform this.
C. In other words, on July 23, 2007, the Defendant repaid the Plaintiff the amount of KRW 440 million up to August 31, 2007, which shall be paid KRW 20 million per month when the Defendant violated this provision.
‘Preparation and delivery of a letter of payment.’ D.
As the Defendant did not comply with the above Arrangementdo, the Plaintiff filed an application for provisional attachment against the Defendant with the Daegu District Court 2007Kadan17009, the Plaintiff as the claim against the Defendant for the loans of KRW 120 million against the Defendant, and filed an application for provisional attachment against Ulsan-gu 1st floor C 102, Ulsan-gu, U.S., U.S. and the above court accepted it and accepted it, and the provisional attachment ruling of this case was "the provisional attachment ruling of this case".
The provisional attachment registration has been completed accordingly.
E. Since September 2, 2008, the Defendant paid to the Plaintiff the amount of KRW 480 million up to December 30, 2008, which shall be paid to the Plaintiff by December 30, 2008, and the Defendant shall pay the penalty of KRW 10 million each month in violation of this provision.
“To prepare and deliver a note of payment.”
【Evidences 2, 1, 5, 6 (including paper numbers), 1, 1, and the purport of the whole pleadings】 Evidences 2, 1, 1, and 5
2. The parties' assertion
A. The plaintiff has a claim for a loan of KRW 480 million against the defendant and for an agreed interest in arrears, and at least KRW 120 million, which is the amount of the provisional seizure, and the damages for delay, shall be extinctive prescription.