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1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from April 9, 2016 to the date of complete payment.
Reasons
Basic Facts
A. On December 30, 201, the Plaintiff: (a) received a letter of loan (Evidence A No. 6; hereinafter “the instant certificate of loan KRW 120 million”) from C, the Defendant’s son, as the principal amounting to KRW 120 million and interest per month (payment from March 3, 2013 to the 30th day of each month); and (b) received a commission to prepare a notarial deed of a monetary loan agreement as to the obligation under the said certificate of loan on November 7, 2012.
B. On June 19, 2014, C prepared a loan certificate (No. 10,000 won, hereinafter “the loan certificate of this case”) with the principal amounting to KRW 90 million, due date, July 18, 2015, and interest rate of KRW 900,000,000 (the end of each month) to the Plaintiff. On the same day, C created a collateral security right of KRW 100,000,000,000,000,0000,000,0000,000 won, and on the same day, C created a collateral security right of KRW 10,000,000,000,000
C. On December 24, 2014, C prepared and issued to the Plaintiff a certificate of borrowing (No. 1, 2016; hereinafter “certificate of borrowing”) stipulated in the Plaintiff, the principal amount of KRW 250,000,000 as the due date, December 30, 2016, and the interest rate of KRW 1.5% (payment from January 30, 2016 to 30, respectively).
In the above loan certificate, the obligor has decided to pay the principal and interest of the loan even before the due date, if the obligor fails to pay the interest on one occasion even after the due date.
C On the same day, C prepared and rendered to the Plaintiff a certificate of borrowing (Evidence A No. 8; hereinafter “instant certificate of borrowing KRW 55 million”) set out by the first percent (payment from January 30, 2016 to December 30, 2015) of interest per month (payment from January 30, 2016).
E. The Defendant guaranteed C’s debt on the instant loan certificate and the instant loan certificate of KRW 5 million with respect to the Plaintiff.
F. The Plaintiff remitted to C, KRW 5 million on December 24, 2014, KRW 125 million on December 26, 2014, and KRW 130 million on the aggregate, and KRW 100 million on December 26, 2014. On December 26, 2014, the Defendant: (a) on the instant loan certificate’s debt as the secured debt, the Defendant transferred the Defendant’s debt on the instant loan certificate’s loan certificate’s loan certificate’s F, and G land owned by the Defendant.