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1. The defendant 31,650,091 won to the plaintiff and the plaintiff
(a) Of them, KRW 28,650,091 from July 21, 2019 to October 16, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff, from August 1, 2015 to August 31, 2017, worked as the Defendant’s instructor at the Pitice Center operated by the Defendant from the Defendant Company (former Company: C) to August 31, 2017, and was related to the Defendant’s representative D.
(B) The apartment house D was living together with D from December 2, 2015 to January 2017.
From June 16, 2015 to July 20, 2015, the Plaintiff loaned KRW 95,000,000 to the Defendant. The Plaintiff drafted a certificate of borrowing that “9,500,000 won was due and due, and eight percent per annum on July 20, 2019.”
C. On December 21, 2015, the Plaintiff additionally lent KRW 110,000,000 to the Defendant, and drafted a loan certificate including KRW 95,00,000 that was previously lent to the Defendant, as follows:
The loan certificate of this case is referred to as "the loan certificate of this case".
However, the date on which the certificate of loan was drawn up was written on the same date as the previous certificate of loan.
(a) 205,000,000 won on a loan:
1. The period of reimbursement shall be July 20, 2019;
2. Interest shall be 50,000 won per month; and
3. The 19th day of each month shall be determined as interest payment date.
5.In the following cases, the obligee may claim the principal even before the repayment period, and the obligor has lost the benefit of time, so the principal and interest shall be immediately repaid in response to this claim:
When interest is overdue on at least two occasions, July 20, 2015.
From January 27, 2016 to April 5, 2016, the Plaintiff additionally lent KRW 7,600,000 to the Defendant, and repaid part of the loan to the Defendant, and made considerable monetary transactions between the Plaintiff and the Defendant’s representative D.
E. On January 25, 2018, the Plaintiff and the Defendant agreed to “6% per annum of 150,000,000 won of the loan (750,000 won per annum) and two years of the due date from the existing due date (750,000 won per annum)”
(F) The Defendant paid KRW 750,000 per month interest to the Plaintiff according to the instant agreement until November 2018, and only KRW 325,000, half of the agreement from December 2018.
G. The defendant of this case.