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1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual rate of 20% from July 3, 2015 to September 30, 2015.
Reasons
1. In full view of the purport of the arguments as to the cause of the claim Gap's evidence Nos. 1, 2, and 3 and the whole purport of the arguments as a result of the plaintiff's newspaper, the defendant was paid KRW 200 million to the plaintiff around July 15, 2004. The plaintiff loaned KRW 200 million to the defendant. The defendant did not pay the above loan to the defendant. However, the defendant was prosecuted on the charge that "the plaintiff did not file a complaint against the defendant in fraud," that "the defendant received KRW 200 million from the plaintiff because he did not have the intent and ability to pay," (Seoul Central District Court Decision 2006Ra7120)," and the defendant requested the plaintiff to reach a criminal agreement during the above criminal trial, and the plaintiff received the payment from the defendant on January 17, 2007, stating "I will pay KRW 300 million after release," and the defendant was sentenced to imprisonment with prison labor from the Seoul District Court on April 18, 2007.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 300 million under the above payment memorandum and damages for delay calculated at the rate of 20% per annum from July 3, 2015 to September 30, 2015, which is the day following the delivery of a copy of the complaint of this case, and 15% per annum from the next day to the day of full payment under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to September 30, 2015.
2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.