1. The Defendant’s KRW 70,300,000 as well as 5% per annum from February 16, 2006 to April 4, 2016 to the Plaintiff.

1. Facts of recognition;

A. At around 2003, the Plaintiff requested the Defendant to borrow business funds, and issued a promissory note worth KRW 80,600,000 to the Defendant three times as follows.

Issuance date of bill number 1 C C. 27,60,000 won on July 25, 2003, 2000 won on December 27, 2003, and KRW 26,500,000 on January 23, 2004 E E September 20, 2003.

B. Since then, the Defendant loaned the above bill to the Plaintiff and appropriated it to the business fund. However, the Defendant did not repay the remainder of KRW 70,300,000 to the Plaintiff, who paid only a part of the borrowed amount equivalent to the face value of each promissory note, until the due date.

C. Accordingly, when the Plaintiff filed a complaint against the Defendant in fraud, on February 15, 2006, the Defendant prepared and ordered the Plaintiff on February 15, 2006 a loan certificate (Evidence A A) to the effect that “I would pay the Plaintiff KRW 70,300,000 to the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay the Plaintiff a loan of KRW 70,300,000 and damages for delay calculated at the rate of 5% per annum under the Civil Act from February 16, 2006 to April 4, 2016, which is the delivery date of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

B. The defendant's defense 1) since the defendant prepared a loan certificate (Evidence A No. 1) through the plaintiff's assault and intimidation, the defendant asserted that his claim is unjustifiable. However, there is no evidence to acknowledge it, and the above argument is without merit. 2) Next, the defendant borrowed money in the form of delivery of a promissory note from the plaintiff around 2003. Thus, the plaintiff's above loan claim against the defendant against the defendant was ten years from the due date for payment and its extinctive prescription expires.