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1. The Defendant’s KRW 8,709,589 as well as the Plaintiff’s annual rate of 5% from November 8, 2018 to March 29, 2019.
Reasons
Facts of recognition
C is the representative of the defendant, and D (hereinafter referred to as "D") died on October 24, 2016 as the husband of C.
On May 15, 2011, Defendant and D drafted a written agreement (hereinafter “instant agreement”) between the Plaintiff and the Plaintiff as follows:
① It is confirmed that the existing obligation against the Plaintiff was KRW 1,070,000 (hereinafter “existing loan”) as of May 25, 201, as of KRW 1,070,000.
② The Plaintiff may lend KRW 100,000,000 to the Defendant (hereinafter “new loans”) or new loans.
③ Defendant and D shall jointly and severally repay the amount of the existing loan to the Plaintiff; KRW 580,00,000,000 out of the amount of the existing loan, until August 15, 201, and KRW 220,000,000, not later than October 15, 201, and KRW 200,000,000, respectively, shall be repaid until May 25, 2012.
In this regard, the defendant and D shall prepare three notarial deeds of monetary loan contract with the debtor D, joint guarantor, defendant, debt amount of KRW 580,000,000, KRW 220,000,000, and KRW 200,000, and deliver to the plaintiff.
④ Until August 15, 2011, Defendant and D jointly and severally agreed to repay to the Plaintiff the sum of KRW 70,000,000 and KRW 100,000,000,000, out of the existing borrowed amounts.
In relation to this, the defendant shall prepare and deliver to the plaintiff a notarial deed of monetary loan contract of KRW 170,000,000.
(5) In order to secure a new loan, the defendant shall, immediately after completion of a charnel house newly built on the present site of the temple, set the order of priority to the plaintiff regarding the operation of the building, the site of the temple, and the building existing on the actual site of the temple, the maximum debt amount of KRW 170,000,000.
Pursuant to the above provisions of the agreement of this case, D, on behalf of the defendant on May 25, 201, agreements between the plaintiff and the plaintiff on behalf of the defendant, the defendant agreed that the interest rate of KRW 170,000,000 shall be interest-free, interest rate of KRW 30 per annum, interest rate of delay damages shall be 30% per annum, and the due date shall be August 15, 201.