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1. The Defendant: (a) KRW 25,00,000 for the Plaintiff and 5% per annum from May 31, 2012 to May 16, 2019; and (b) the Plaintiff.
Reasons
1. The fact that the Defendant, on May 30, 2010, prepared and delivered a loan certificate with the following content (hereinafter “the loan certificate of this case”) to the Plaintiff does not conflict between the parties, or that it is recognized by the evidence No. 1.
on May 30, 2012, 2000,000,000 won for each of the following amounts: B (the Defendant) A (the Plaintiff) on May 30, 2010, on the date of payment for the full loan; and
2. The parties' assertion
A. On May 30, 2010, Plaintiff C had a claim for the loan amounting to KRW 183,000,000 against the Defendant at the time of the instant loan certificate. However, C agreed to transfer the above loan claim to the Plaintiff and agreed to do so by the Defendant, the Defendant agreed to pay the Plaintiff KRW 225,000,000 in total with the loan amounting to KRW 183,00,000,000.
Therefore, the defendant should pay to the plaintiff KRW 225,00,000 as stated in the loan certificate of this case and damages for delay.
B. Defendant (1) had borrowed money from the network D and C, but partially repaid the money, and the remainder of the debt was exempted from the network D. Even if not, C’s loan claims were to have been extinguished by prescription on October 8, 2009.
Therefore, the Plaintiff’s assertion that the claim against the Defendant by the network D or C at the time of May 30, 2010, which was prepared the instant loan certificate, did not remain any longer, and thus, it was not the Plaintiff’s assertion that the claim was acquired.
(2) There is no fact that the Defendant borrowed money from the Plaintiff as stated in the instant loan certificate, and there is no agreement to repay C’s loan to the Plaintiff or to accept the assignment of the claim.
The reasons why the Defendant prepared and delivered the instant loan certificate are that the Defendant requested C to provide a loan because of the need for business funds rapidly around May 30, 2010, and that C had no money.