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1. As to the Plaintiff KRW 62,104,109 and KRW 140,00,000, the Defendant shall pay to the Plaintiff KRW 140,000 from October 1, 2018.
Reasons
1. Facts of recognition;
A. On February 2, 2009, the Plaintiff agreed to lend KRW 140,00,000 to the Defendant with the purchase fund of KRW 495,00,00,00 in Ansan-si (hereinafter “instant land”) during the period of Ansan-si, and drafted a statement of performance with the Defendant as follows:
“The Plaintiff shall pay the balance of money in the process of purchasing the instant land, transfer 1/3 of equity interest in the said land to the Plaintiff, transfer the said land to the Plaintiff’s ownership without delay, and return the Plaintiff’s investment money by selling part of the said land, and the Plaintiff (the Plaintiff owns 66m2 out of 1/3 of the land shares as the Plaintiff’s profit) returned 9m2 out of 1/3 of the land (the Plaintiff owns 66m2 as
B. On February 3, 2009, the Plaintiff paid the Defendant KRW 140,000,000.
C. From October 13, 2008 to October 13, 2019, the Plaintiff’s interest rate on time deposits in the Nonghyup Bank was 7%.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings
2. Determination:
A. According to the above facts, it is reasonable to view that the defendant is obligated to pay to the plaintiff the interest rate of KRW 140,000,000 with the above loan interest rate of KRW 140,000 in accordance with the above statement of performance. The statement in the evidence No. 1 alone is insufficient to reverse the above judgment.
Therefore, the defendant's agreement that was calculated by the ratio of 5% per annum as stipulated by the Civil Act to the above bank interest rate from March 1, 2009 to September 30, 2018 that the plaintiff seeks from March 1, 2009 to the above bank interest rate of 67,104,109 [=140,000 x (9 x 214/365 days) x 214/365 days] x 62,104,109 (= 67,104,109 - 5,000,000 won) and the above loan interest rate of 140,000 won calculated from October 1, 2018 to the above bank interest rate of 140,000 won which the plaintiff seeks from the above loan interest rate of 62,104,100,000 won, as the plaintiff seeks from the above loan interest rate of 50% per annum.