beta
Text
1. The Defendant’s KRW 35,00,000, and the Plaintiff’s annual rate of KRW 5% from May 8, 2014 to April 29, 2015.
Reasons
1. According to the reasoning of Gap evidence No. 1, Gap evidence No. 2-1 through 4, and Gap evidence No. 3-6, and the entire arguments, the plaintiff is obligated to pay the plaintiff the above loan No. 340,000,000 and delay damages for the loan No. 340,000,000, when settling the loan balance between September 26, 201, and the defendant and the defendant settled the loan balance between September 26, 2011 (hereinafter "the agreement of this case"). Thus, barring any special circumstance, the defendant is obligated to pay the plaintiff the above loan No. 340,00,000,000 and its delay damages.
2. Judgment on the defendant's assertion
A. The defendant asserts that the agreement of this case is based on the plaintiff's intimidation and constitutes either a declaration of intention or a non-obsive declaration of intention by duress or a juristic act contrary to public order and good morals, but there is no evidence to prove that the agreement of this case was caused by the plaintiff's intimidation, and therefore, the defendant's
B. In addition, the Defendant asserts that from November 2004 to November 201, 201, the Plaintiff paid KRW 95,000,000 as principal of the above loan, and KRW 172,60,000 as interest, and KRW 77,60,000,000,000, respectively, the Defendant’s assertion that the Defendant paid KRW 172,60,000 as principal of the above loan. Accordingly, according to each of the statements in subparagraph 2-1 and subparagraph 2-2, the Defendant’s assertion that the Defendant paid KRW 3,00,000 to the Plaintiff on November 18, 201 and KRW 5,00,000,000,000 as principal of the above loan, it is difficult to recognize the Defendant’s assertion that the portion claimed to pay in excess of the above money was paid prior to September 26, 201, as stipulated in the instant agreement within the scope of the above amount of KRW 340,000.
3. Therefore, the Defendant’s remaining loan amount of KRW 335,00,000 ( KRW 340,000,000 - KRW 5,000,000) and the following day after the delivery date of the original copy of the instant payment order, from May 8, 2014.