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1. The defendant shall pay 130,000,000 won to the plaintiff and 25% per annum from June 1, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person operating a trade name C, and the Defendant is a person who had been employed by the said company on or around December 2012 and worked as a business employee.
B. On May 9, 2012, the Defendant prepared and deliver to the Plaintiff a certificate of borrowing that KRW 50 million will have been borrowed by the Plaintiff as of May 8, 2015 and 1% of interest per month (hereinafter “certificate of borrowing as of May 9, 2012”). On December 17, 2012, the Defendant owed to the Plaintiff a total of KRW 130 million to the Plaintiff. In this regard, the Defendant faithfully performed the repayment of the principal amount of debt as a member of the Plaintiff and the business for the development of C, and, in the event that it is not reasonable, transferred the security deposit of the house in which the Defendant resides to the Plaintiff.
“The Plaintiff prepared a letter of undertaking (No. 2, hereinafter referred to as “certificate”) and delivered it to the Plaintiff.
C. Around May 2015, the Defendant additionally borrowed KRW 100 million from the Plaintiff as a house purchase fund.
Around May 31, 2017, the Defendant prepared and delivered a letter of redemption of borrowed money (Evidence A 1; hereinafter “each letter of this case”) that stipulates that the Plaintiff shall pay a total of KRW 230 million to the Plaintiff up to May 31, 2017 and the interest for arrears shall be settled at the interest rate of 25% per annum.
E. Around 2017, the Defendant repaid to the Plaintiff KRW 100 million out of the amount of the instant letter.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 130 million in unpaid loan and the damages for delay calculated by the rate of 25% per annum, which is the interest rate on the delayed interest rate from June 1, 2017 to the date of full payment, from the date following the due date of the agreement, to the date of full payment.
3. Defendant’s assertion and judgment
A. Of the amount of each of the instant notes asserted by the Defendant 1, KRW 50 million based on the loan certificate dated May 9, 2012 and KRW 10 million.