1. From July 24, 2015 to September 30, 2015, the Defendant paid KRW 100 million to the Plaintiff as well as the Plaintiff’s KRW 20% per annum.

1. Determination as to the cause of claim

A. The facts of recognition are as follows: (a) the Defendant agreed to pay KRW 180 million to the Plaintiff on July 30, 2005, in addition to each of the statements in the evidence Nos. 1 and Nos. 1 through 5; and (b) the Defendant’s repayment of KRW 80 million to the Plaintiff may be acknowledged.

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 100 million not paid as above and to pay damages for delay at the rate of 20% per annum from July 24, 2015 to September 30, 2015, and 15% per annum from the following day to the day of full payment pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

[1] Under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective Oct. 1, 2015); and Article 2(2) of the Addenda of the same Act, the part of the Plaintiff’s claim for the payment of damages for delay calculated at the rate exceeding 15% per annum from Oct. 1, 2015 is not accepted; 2. The Defendant’s claim as to the Defendant’s pro rata-O on December 2, 2006, the Plaintiff, who is the Defendant’s pro rata-O, proposed that “I will safely protect the Plaintiff by establishing a right to collateral security under the name of the Plaintiff in the name of the Plaintiff on the land and building in Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, and thus, I cannot accept the Plaintiff’s claim for the payment of damages for delay, including the Plaintiff’s right to collateral security.

In light of the fact that the Defendant paid the agreed amount of KRW 180,000,000 among the agreed amount of KRW 180,000,000, the above loan certificate was prepared in a false manner as alleged by the Defendant.