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1. The Defendant: 12% per annum from February 15, 2013 to January 8, 2015, and on January 9, 2015, to the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. According to the evidence No. 2 of the loan amounting to KRW 70 million as of January 15, 2007, the defendant decided to pay KRW 70 million to the plaintiff on January 15, 2007 and agreed to pay KRW 70 million per month on May 15, 2008 (hereinafter "the agreement of this case"), barring any special circumstance, the defendant is obligated to pay to the plaintiff the above loan amounting to KRW 70 million and interest thereon.
The Defendant asserts that the above loan certificate plus the Defendant’s KRW 35 million and C’s KRW 10 million, which is the same as the Defendant’s 15 million, and KRW D’s 25 million. Before the above loan certificate was issued, the Defendant already repaid KRW 13 million, and C’s 10 million also paid bank loans to C and the Defendant, the actual obligation is KRW 47 million (the Defendant’s share KRW 18 million). However, if the debt was repaid as above at the time of drawing up the loan certificate, it is difficult to believe that it was not reflected in the loan certificate, and thereafter, it is difficult to accept the Defendant’s assertion that the Defendant paid interest to the Plaintiff by November 17, 2010 as stated in the loan certificate. In light of the fact that the Defendant paid the above interest to the Plaintiff (the Plaintiff’s share 18 million).
B. On December 3, 2010, the Plaintiff claimed for the payment of additional KRW 10 million to the Defendant on December 3, 2010 and delayed payment from the date of delivery of a copy of the instant complaint. However, the Plaintiff’s assertion that the Plaintiff lent KRW 10 million to the Defendant on December 3, 2010 is insufficient to recognize this part of the Plaintiff’s assertion, and there is no other evidence to acknowledge this.
The plaintiff's assertion on this part is without merit.
2. Judgment on the defendant's defense
A. The Defendant’s defense of repayment is: ① on June 26, 2008, KRW 5 million, and ② on July 24, 2008, KRW 3 million to the Plaintiff following the instant agreement.