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1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from October 18, 2014 to May 20, 2015.
Reasons
1. Basic facts
A. On September 9, 1997, the Plaintiff lent KRW 40 million to the Defendant, who had engaged in the business of manufacturing and selling building materials, such as bricks, under the trade name “C”.
The Defendant paid to the Plaintiff KRW 5 million on October 20, 1997, and KRW 5 million on October 22, 1997.
Around that time, the Defendant provided the Plaintiff with the loan certificate (No. 1, hereinafter the instant loan certificate) stating the same contents as the loan certificate. B. After July 13, 2008, the Defendant provided the Plaintiff with the loan certificate (No. 30 million won).
I wish to fully borrow the above amounts and to fully repay the amounts equivalent to five million won each year from September 2008.
“The loan certificate No. 2, No. 2, hereinafter referred to as “the loan certificate”).
(C) The Defendant paid the said money. However, the Plaintiff expressed his/her intention to rescind the agreement on the loan certificate by serving a duplicate of the instant complaint on the ground of the Defendant’s nonperformance of obligation. The Defendant received the agreement on October 17, 2014, and then expressed his/her intention to accept the agreement by serving the preparatory document as of November 12, 2014. The Defendant expressed his/her intention to accept the agreement. 【No dispute over the grounds for recognition, Party A’s entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings.
2. Summary of the parties' arguments;
A. Plaintiff 1) The Defendant, which is the primary claim, prepared the instant loan certificate, and approved the Plaintiff’s debt on the loan certificate. However, the Defendant did not perform an agreement on installment payments on the loan certificate, and thus the Plaintiff rescinds it on the ground of nonperformance. In such a case, the Defendant is obligated to pay to the Plaintiff the remainder of the loan certificate in this case and the delay damages for the remainder of the loan certificate in this case. (ii) Even if the period of extinctive prescription expires on the loan certificate, the Defendant is obligated to pay the Plaintiff the remainder of the loan certificate in this case as well as the remainder of the loan certificate in this case. (iii) The Defendant is obligated to cancel the agreement on the loan certificate.