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1. The Defendant shall pay to the Plaintiff KRW 128,00,000 and the interest rate of KRW 15% per annum from February 4, 2016 to the date of complete payment.
Reasons
1. The following facts of recognition may be recognized by comprehensively taking into account the respective descriptions of Gap evidence 1 to 6 (including paper numbers), Eul evidence 2 and 4 and the overall purport of the pleadings, contrary to this, Eul evidence 1 is not believed, and the entry of Eul evidence 5 is not obstructive to the above recognition, and there is no counter-proof otherwise.
Upon receipt of a request from the Defendant for bill discount, C, which is the Plaintiff’s wife, received in the name of the Plaintiff, etc. a total of KRW 140 million from September 29, 2009 to December 3, 2009, a total of KRW 140 million from September 29 to December 3, 2009.
B. Each promissory note received by C due to the Non-Party Company’s default (as of December 31, 2009, respectively) was not paid on the due date. The father of E, the representative director of the non-party company, who is the actual operator of the non-party company, as of April 22, 2010, prepared a loan certificate stating that “F, as of October 30, 2010, paid KRW 150 million for outstanding fish payment and paid KRW 50 million until December 31, 2010, the remainder of KRW 100 million shall be repaid by December 31, 2010.”
C. C demanded that the Defendant be liable for the non-party company’s default of promissory notes, and on May 1, 2010, the Defendant drafted a loan guarantee certificate (Evidence No. 2) with the amount of credit KRW 150 million to C.
The above loan guarantee certificate shall contain the following descriptions:
"The above amount is not repaid by December 31, 2010 by the debtor F to the creditor C for the settlement of promissory notes issued D ( issuer E and issuer F) in the plan for the settlement of the settlement of promissory notes."
D. However, there was a defect in the Plaintiff’s request that the Plaintiff make the Plaintiff as the obligee and prepare a loan certificate that is not the above loan guarantee certificate, and on May 1, 2010, the Defendant prepared a loan certificate (Evidence A1) with the amount of claim KRW 150 million to the Plaintiff.
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