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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The facts subsequent to the facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 3, Gap evidence 5-1 to 5-3, and Eul evidence 1.
On February 7, 2003, the Plaintiff: (a) set at the interest rate of 5% per month on February 7, 2003; (b) set at the interest rate of 8% per month on April 30, 2003; and (c) lent KRW 80 million each to the Defendant.
B. On December 30, 2003, the Defendant repaid to the Plaintiff the principal of KRW 80 million among the principal and interest on the loan borrowed on April 30, 2003.
C. On March 22, 2007, the Plaintiff filed a lawsuit against the Defendant for the repayment of loan under the Seoul Northern District Court Decision 2007Gahap2651, and the Plaintiff claimed that “the Plaintiff loaned KRW 40 million to the Defendant on February 7, 2003 at the interest rate of KRW 5% per month. The Defendant did not pay the principal amount of KRW 40 million and interest KRW 68 million after December 8, 2003. The Plaintiff lent KRW 80 million to the Defendant on April 30, 2003 at the interest rate of KRW 870,000,000 to the Defendant on April 30, 200, the Plaintiff did not pay the principal amount of KRW 49,706,659 with the Defendant’s payment of the principal amount of KRW 17,706,659,000,000,0000 and damages for delay.”
A compromise with the following contents has been achieved during the preparatory date for pleading of the above case on May 14, 2007:
(hereinafter “Settlement in this case”) No. 10
1. The defendant shall pay to the plaintiff 35 million won and the above money by October 31, 2007 the interest rate of 20% per annum from November 1, 2007 to the date of full payment.
2. At the same time, the Plaintiff received the money under Paragraph 1 from the Defendant, and at the same time, returned to the Defendant a sales contract for the purchase and sale of the building Nos. 231, 232, 233 under the ground of the main building located in Jung-gu E, F, and G in the name of the Plaintiff.
E. The Plaintiff and the Defendant paid KRW 2 million to the Plaintiff on January 11, 2008, among the documents drawn up on January 11, 2008, and the Plaintiff.