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1. The defendant shall pay to the plaintiff KRW 28,127,727 and a rate of KRW 20.7% per annum from January 2, 2004 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On November 1, 2002, Nonparty C lent interest of KRW 29,00,000 to the Defendant at 20.7% per annum (payment on the 25th day of each month over 12 times from September 25, 2003 to August 25, 2004). Nonparty C drafted on August 25, 2003 a notarial deed of money consumption loan agreement (Law Firm 23499, August 25, 2003; hereinafter “notarial deed of this case”) stating that the Defendant will pay KRW 1,00,000 each on December 31, 2003.
B. On November 22, 2006, the Plaintiff received the transfer of the claim on the instant notarial deed from C and received the succession execution clause, and the copy of the instant notarial deed to which the succeeding execution clause was granted was served to the Defendant on September 21, 201.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of the judgment as to the cause of the claim, the defendant is obligated to pay to the plaintiff the agreed interest at the rate of 20.7% per annum from January 2, 2004 to the day of full payment, as the plaintiff seeks, concerning the plaintiff's claim amount of KRW 28,127,727, and the plaintiff's claim amount.
(3) The defendant's assertion regarding the defendant's assertion is asserted that the defendant delivered the provisional coefficient list issued by D, his husband, and repaid all obligations under the notarial deed of this case. However, it is not sufficient to recognize the above merely by the statement of the evidence Nos. 1 through 4, and there is no other evidence to acknowledge it. In addition, considering the witness's testimony and the whole purport of pleading, it is recognized as follows.
① The Defendant’s submission of small-sum deposit data only asserts that all obligations have been repaid, and does not comply with this Court’s request to arrange the detailed details of repayment and the details of appropriation. ② The deposited data submitted by the Defendant are considerable parts.