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1. As to KRW 174,00,000 and KRW 150,000 among them, the Defendant shall pay to the Plaintiff the year from April 1, 2015 to May 1, 2015.
Reasons
1. As to the cause of claim
A. In full view of the facts under dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 2-1, Eul witness testimony, and the whole purport of pleadings, non-party C planned to take over the transportation company operated by the defendant around January 2013, Eul borrowed 150 million won from the plaintiff as interest rate of 2 million won per month; Eul paid the above money to the defendant as the acquisition fund for the transportation company; and Eul did not take over the above amount due to the problems concerning the transfer of vehicles located in the above company although it was paid to the defendant as the acquisition fund for the transportation company; ④ The plaintiff demanded Eul to return the acquisition fund for the above month; ⑤ The defendant demanded Eul to take over the principal of the borrowed amount for 13 months; ⑤ The plaintiff and the defendant did not borrow 150 million won from the plaintiff as of January 21, 2013 to 1300,000 won as of February 13, 2014; and the defendant did not receive the principal for 13 months or less.
B. According to the above facts, it is reasonable to view that the Defendant, by preparing the instant loan certificate, agreed with the Plaintiff that “the Defendant would pay the principal amount of KRW 150 million to the Plaintiff by June 30, 2014, and the monthly interest of KRW 2 million from January 20, 2013, as the return of the principal and interest of the loan until June 30, 2014.”
(The plaintiff's claim includes the same purport).
Therefore, the defendant is under special circumstances.