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1. The Defendant shall pay to the Plaintiff KRW 151,50,000 as well as KRW 36,00,000 from March 31, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On April 13, 2002, the Defendant concluded a debt repayment agreement (hereinafter “instant agreement”) with the Plaintiff as follows.
The principal of the debt: The debtor shall be paid to the defendant (1) KRW 5 million out of the principal of the debt amount of KRW 30 million until May 30, 2002.
(2) With respect to the remaining principal of 25 million won, the interest rate of 400,000 won per month shall be paid from June 1, 2002 to May 30, 2003 (one year), and 10,000 won shall be paid until May 30, 203.
③ With respect to the remaining principal of KRW 15 million, the interest rate of KRW 250,000 per month shall be paid from June 1, 2003 to May 30, 2004 (one year) and the amount of KRW 10,000,000 shall be paid until May 30, 2004.
④ The interest of KRW 75,00 per month from June 1, 2004 to December 31, 2004 (six months) shall be paid for the remaining principal of the debt amounting to five million won, and the above five million won shall be paid until December 31, 2004.
(5) If a debtor fails to fulfill the date on which the promise was made and the amount promised, the creditor shall not raise any objection even if he exercises any legal right, and he/she shall pledge to pay the balance by adding 25% per annum to the statutory interest on the balance, adding 6 million won at a discount of the creditor and adding 25% per annum to the principal.
B. The Defendant delayed the payment under the instant agreement.
【Reasons for Recognition: Evidence No. 1, the purport of the whole pleadings】
2. The assertion and judgment
A. According to the facts of the determination on the cause of claim, the content of the instant agreement is reasonable to deem that, even if the Defendant delays the payment of the installment payments and the payment of interest under the above paragraphs (1) through (4), the Defendant would lose the benefit of time, and that the Defendant would pay the balance of the principal calculated by adding the Plaintiff’s discount of KRW 30 million to the balance of the agreed principal to KRW 6 million in addition to the interest of KRW 25% per annum from the time when the Plaintiff loses the benefit of time. Since the Defendant lost the benefit of May 31, 202 by delaying the implementation of the above paragraph (1), barring any special circumstance, the Defendant would be liable for a delay