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1. The Defendant’s KRW 450,000,000 as well as 12% per annum from April 1, 201 to October 1, 2018 to the Plaintiff.
Reasons
Basic Facts
On September 1, 2003, the Plaintiff invested KRW 200,000,000 in a capital increase to the Plaintiff, which was held by the Defendant as the representative director, and acquired 40% of the shares of the said Company.
Since then, when the plaintiff demanded the defendant to return the above KRW 200,000,000 to the defendant, on November 21, 2003, the defendant prepared a letter stating that "the defendant borrowed KRW 200,000,000 from the plaintiff as the fund for issuing new shares of the company of this case" to the plaintiff on September 1, 2003 (hereinafter "the first letter of this case") that "the defendant shall confirm that he borrowed the above money from the plaintiff as the fund for issuing new shares of the company of this case, and shall repay the above money by December 10, 203."
On February 23, 2010, the Defendant drafted and rendered to the Plaintiff a letter of debt repayment (hereinafter “instant second letter”) stating that “The Defendant shall pay 450,000,000 won for the Defendant’s obligation and interest for delay within the extended period of December 31, 2010 (it may be extended until March 2011), each of which shall replace the first letter, and shall pay interest for delay at the rate of 1% per month if the due date expires.”
【Unless there is any special circumstance, the Defendant is dismissed at the rate of interest rate of 12% per annum (rate of delay damages) from April 1, 2011 to October 1, 2018 (the day following the due date stated in the second letter of claim in this case) under the main text of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits (the delivery date of the certified copy of the payment order) as stated in the second letter of Claim Nos. 1 to 3, 15% per annum from the following day to May 31, 2019, and from the next day to the date of full payment (the date of delivery of the certified copy of the payment order as stated in the second letter of Claim No. 2) to the Plaintiff, barring any special circumstance.
each. of this section.