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1. The Defendant’s KRW 340,000,000 as well as 5% per annum from July 1, 2008 to July 6, 2018 to the Plaintiff.
Reasons
In full view of the facts without dispute, Gap 1-10's statements and the purport of the entire pleadings, the plaintiff extended a total of KRW 170 million to the defendant from January 28, 2003 to September 18, 2006 for the purpose of raising funds for the development project of the C district as shown in the following table, and the plaintiff who did not pay the above money filed a complaint against the defendant as fraud. In the course of the criminal agreement on the above fraud case, the defendant agreed to pay the plaintiff a double amount ( KRW 340 million) of the transaction amount by June 30, 2008 during the period of the criminal agreement on the above fraud case, on December 3, 2007 (Articles A7 and 8).
D According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 340 million,00,000,000 from July 1, 2008, which is the day following the payment date, to July 6, 2018, the delivery date of a copy of the complaint of this case, and 5% per annum as stipulated in the Civil Act and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
As to this, the defendant alleged to the effect that the C business that the defendant borrowed and invested money from the plaintiff will be repaid upon completion of the business, but unless there is any evidence to prove that the plaintiff and the defendant agreed to extend the repayment period as above, the above argument cannot be accepted.
If so, the plaintiff's claim is justified.