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1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 20% per annum from March 14, 2015 to September 30, 2015; and (b) the Plaintiff.
Reasons
1. The facts that there is no dispute between the parties to the judgment on the cause of the claim, and the statements in Gap evidence Nos. 1 and 2, the defendant transferred from the plaintiff the plaintiff to the plaintiff about 441 and 434 (hereinafter "the store of this case") and the defendant agreed to borrow 50,000,000 won from the plaintiff in lieu of the payment of the premium of 50,000,000 won to the plaintiff. Accordingly, the defendant decided to borrow 50,000,000 won from the plaintiff on January 1, 2012 as the interest rate of 1, 50,000 won and August 31, 2012, each of these contents is acknowledged.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 50,000,000 and damages for delay.
The defendant, in the court, has accepted liability based on the above loan certificate, but thereafter, the defendant asserted that the above loan certificate was made out by coercion and deception of the plaintiff, but there is no evidence to acknowledge the above forced fact, and since there is insufficient evidence to recognize the deception as follows, the above assertion is not accepted in its entirety.
2. Judgment on the defendant's defense
A. The gist of the defendant's assertion is that the premium paid to the previous lessee (D) is KRW 30,000,000, and the value of the goods is KRW 6,000,000,000, the plaintiff deceivings the defendant that the premium to be paid to the former lessee is KRW 50,000,000, and the value of the goods is KRW 16,000,000.
The Defendant, along with the Plaintiff’s transfer of the instant store, prepared a certificate of borrowing KRW 50,000 for the premium of KRW 50,000,000, and paid interest thereon. The Defendant paid KRW 16,000 for the value of the goods.
Therefore, the plaintiff's 20,00,000 won in difference in the above premium, interest 11,90,000 won in relation to the difference, and the difference in the value of the above goods 10,000.