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1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual 4% from November 11, 2019 to March 12, 2020, and the following.
Reasons
1. Facts of recognition;
A. On August 11, 2018, the Plaintiff entered into a monetary lending contract with the Defendant who operates a cafeteria with the trade name “C” (hereinafter “instant lending contract”) and the main contents are as follows.
The defendant, who is the assignee of the plaintiff and the Indian restaurant "C" in the delivery restaurant agreement of monetary lending and borrowing claims, shall conclude the "C" franchise agreement with the defendant as follows:
- The amount of credit for loan: on August 11, 2018, the date of loan: 4% per annum after the contract - detailed conditions
2. The defendant agrees to lend 50 million won as down payment to the defendant.
After the conclusion of the franchise store contract, the franchise store is converted to the down payment.
3. On or after September 1, 2019, the Plaintiff may request the Defendant to open the franchise store or to pay the debt.
C. However, the plaintiff cannot request the defendant to repay the loan even before the above point.
4. After April 1, 2019, the defendant may fully or partially repay the amount of credit to the plaintiff.
(Provided, however, until September 1, 2019, the Plaintiff has the preferential right to enter into a franchise store contract with the Defendant even if the claim is repaid. The Defendant cannot reject the claim). 6. In the event that the Plaintiff does not open the franchise store, i.e., the claim shall be repaid within one month after the request for the return of the claim.
B. On August 11, 2018, the Plaintiff transferred KRW 50,000,00 to the Defendant according to the instant lending contract.
C. On November 18, 2019, the Plaintiff selected the Defendant to “open Credit” and “debt repayment” under the instant lending contract. The Plaintiff sent text messages to request the Defendant to return the loan by November 30, 2019.
On November 19, 2019, the Defendant sent a text message to the Plaintiff stating that “I will not make up for the instant money in criminal way. I find the best way to do so, and thus I would like to do so. I would like to say that I will do the best time to do so.”
The plaintiff, around November 20, 2019, open the "C Chain store to the defendant again."