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1. The Defendant’s KRW 25,00,000 as well as 5% per annum from March 13, 2015 to December 15, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On April 4, 2014, the Plaintiff lent KRW 50,000,00 to C, and C had a notary public drafted a notarial deed of a monetary loan agreement on the said money with the law firm digital 2014 No. 173 by a notary public.
B. On November 14, 2014, the Defendant issued to C a certificate of borrowing KRW 25,000,000.
C. On December 31, 2014, the Plaintiff received a claim amounting to KRW 25,00,000 with respect to a loan as stated in the above paragraph (b) against the Defendant as a title of execution, and issued a claim attachment and assignment order (hereinafter “instant assignment order”) under Suwon District Court Branch Branch 2014TTT1648. The instant assignment order was served on the Defendant on March 4, 2015.
[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 4, and purport of whole pleading
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff 25 million won and damages for delay, unless there are special circumstances.
B. The defendant's assertion and judgment 1) The summary of the defendant's assertion 1 was that the defendant leased the land and building owned by the defendant to C, but C did not pay the defendant a sum of KRW 21,450,000 for three months, and C must compensate for damages for road occupation and use fees equivalent to KRW 124,871,60. The defendant deducted the above amount from the lease deposit amount of KRW 100,000,000, which the defendant must return to C, and the defendant has a claim against C. The above claim against C is offset against the amount equal to the entire deposit claim of this case. (b) The spouse D's spouse D with the defendant's father and E on April 25, 199 set the lease deposit amount of KRW 30,00,000,000, monthly rent, and KRW 1,000,000,000 for the land and building owned by the Gyeonggi-gun-gun group, and the above land and building E was engaged in the automobile maintenance business.