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1. The Defendant: KRW 686,527,395 for the Plaintiff and KRW 5% per annum from January 30, 2016 to April 22, 2016.
Reasons
1. The following facts of recognition do not conflict between the parties, or may be found in each entry in Gap evidence 1, Eul evidence 1, and Eul evidence 3 to 9, by integrating the whole purport of the pleadings:
On August 2010, the Plaintiff received a request from the Defendant to borrow money from the Defendant as a fund for purchasing stocks of TELC Leisure Co., Ltd., and transferred total of KRW 270,000,000 to the Defendant around August 10, 2010, and KRW 200,000,000 around the 31st of the same month.
B. Around December 21, 2011, the Defendant prepared and issued a written confirmation to the Plaintiff that the Defendant would make payment by December 20, 2010 to the Plaintiff, and that the Defendant would have borrowed KRW 800,000,000 from the Plaintiff and fails to make payment until then (hereinafter “instant confirmation”).
2. The parties' assertion
A. The Plaintiff’s assertion 1) around August 2010, the Defendant borrowed KRW 270,000,000 from the Plaintiff as a share purchase fund, and agreed to pay 50% of the principal and stock profit margin when the share price increases. 2) After which, the Defendant issued the instant confirmation document to the effect that the sum of the profit margin on principal and stocks to be paid to the Plaintiff is KRW 800,000,000 due to a significant increase in the share price of the shares purchased from the Plaintiff. Accordingly, the Defendant issued the confirmation document to the effect that, around December 21, 2011, the amount which the Plaintiff failed to pay is KRW 80,000,000.
3) Therefore, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 800,000,000,000 according to the written confirmation of this case and damages for delay. (B) The Defendant’s assertion 1) that written the instant confirmation to the Plaintiff is by assault and intimidation of the Plaintiff. As such, the Defendant’s drafting of the instant confirmation to the Plaintiff is by assault and intimidation of the Plaintiff, and thus, it shall be null and void,
2 The Defendant agreed to pay to the Plaintiff KRW 800,000,000.
Even if the plaintiff is the defendant.