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1. As to KRW 40,00,000 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff the year from April 2, 201 to July 2, 2014.
Reasons
1. Basic facts
A. On March 12, 2007, the Defendant borrowed KRW 20,000,000 from the Plaintiff as of March 12, 2010, with a maturity of KRW 300,000,000 from the Plaintiff, and decided to repay KRW 10,000,000 on March 17, 2007 in installments each month in 36 months, and borrowed KRW 10,00,000 on April 24, 2007 as of September 24, 2008.
B. Thereafter, on April 2, 201, the Defendant agreed to pay the Plaintiff KRW 10,00,000,000, out of the total amount of the above borrowed amount of KRW 40,000,000, to the Plaintiff by May 15, 2011. The remainder KRW 30,000,000,000, which shall be paid in the 12-month division, shall be paid in the amount of KRW 300,000,00 per month (hereinafter “the instant borrowed amount”).
C. On May 15, 2011, the Defendant agreed to pay to the Plaintiff KRW 10,000,000, which was to be paid to the Plaintiff by the same day, due to the fact that the day did not run, and thus, as soon as the day run, was to be paid by June 30, 201.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. The assertion and judgment
A. Pursuant to the agreement on April 2, 201, the Plaintiff claimed that the Defendant pay 40,000,000 won with interest rate of 12% per annum from January 1, 2011 to the service date of the original copy of the instant payment order, and that 10,000,000 won with interest rate of 20% per annum from the following day to the service date of the original copy of the instant payment order; and that 10,000,000 won with interest rate of 20% per annum from the next day to the day of the full payment; and that the Plaintiff claimed that the Defendant pay damages for delay at the interest rate of 10,00,000 won with interest rate of 20% per annum from the day after the original copy of the instant payment order was served.
On August 17, 2007, the Defendant: (a) was granted immunity on April 16, 2008 by the Defendant for bankruptcy and application for immunity to the Daegu District Court on August 17, 2007; and (b) was promised by the Plaintiff to exempt the Plaintiff from the obligation to pay the instant borrowed money when applying for the above immunity; (c) did not enter the Plaintiff in the list of bankruptcy creditors; and (b) the Plaintiff.