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1. As to KRW 47,850,00 and KRW 47,650,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 450,00 from July 9, 2012 until June 11, 2015.
Reasons
1. Basic facts
A. The Plaintiff remitted total of KRW 60,000,000 to the Defendant on January 8, 2009 and November 9, 2009, respectively (hereinafter “the instant remittance amount”), and the Defendant paid total of KRW 28,550,000 to the Plaintiff as indicated below (hereinafter “the instant reimbursement amount”). There is no dispute between the parties.
2009 2010 201201 2012 1/1190 12 900 2/900 2/800 2/8 9000 2/13900 3/7000 3/1400 3/9000 3/92900 3/925000 900 9000 9250, 9004/900 900, 900 400, 90040, 9004/190, 9004/600, 900 190/6/6400, 900, 9005/6/64000, 9000, 6/64000, 9000 6/6/64000, 700/6308/106/608
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The amount of each remittance of the instant case is set at 18% per annum and 18% per annum on November 9, 2010. The amount of each remittance of the instant case is set at interest or delay damages. The Defendant paid 3,850,000 to the Plaintiff on June 15, 201 and March 9, 2013, which was suspended from payment, was appropriated for damages for delay from November 201 to March 8, 2012. As such, the Defendant is obligated to pay the principal amount at the rate of 60,000,000 and 18% per annum from March 9, 2012 to the date of full payment. 2) The amount of each remittance of the instant case to the Defendant is the Plaintiff’s investment in the pent operated by the Defendant, and the remainder is the half of each principal repayment and the remainder of each principal from March 9, 2012 to the date of full payment.
B. The following circumstances, which are acknowledged as above-mentioned facts and the testimony of the witness C, together with the overall purport of the pleadings, alleged that the amount of remittance of this case was invested, the Defendant also paid the proceeds of operation by fixing a certain amount per month, and the Defendant’s assertion also pertains to the Defendant’s assertion.