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1. As to KRW 44,402,950 and KRW 44,400,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from January 23, 2008 to June 13, 2017.
Reasons
Comprehensively taking account of the overall purport of the statements and arguments as to Gap evidence Nos. 1 through 4, the defendant continued to borrow money from the plaintiff on January 2003 and perform monetary transaction such as repayment of part of the money. On April 9, 2007, the plaintiff and the plaintiff on April 9, 2007 shall adjust the principal amount to KRW 44,400,000, to repay the principal amount until December 30, 2007, and to prepare a certificate of borrowing money with the purport that interest shall be paid in 1,20,000 won per month on December 30, 2007.
Thus, the defendant is obligated to pay to the plaintiff the above 44,400,000 won and damages for delay from January 1, 2008, which is the day following the due date for payment.
In regard to this, the defendant's defense is not acceptable, since the above loan certificate as of April 9, 2007 was made by force, and it is proved to the effect that it will be revoked, but there is no evidence that the above loan certificate was made by force.
Furthermore, the Defendant’s defense to the effect that, around December 2016, the Plaintiff could not recognize the Plaintiff’s claim amount within the extent exceeding the above KRW 24,00,000,000, as it concluded an agreement with the Plaintiff to settle the principal amount of the obligation as KRW 24,000,000 per month and to repay the said KRW 24,00,000 per month.
However, since there is no evidence to prove the above argument of the defendant, this part of the defendant's defense cannot be accepted.
However, following the statement of the preparatory document dated April 17, 2017, the Plaintiff is a person who received reimbursement of KRW 1,750,000 in the aggregate of KRW 300,000 on April 30, 2009, KRW 300,000 on September 19, 2009, KRW 150,000 on June 8, 2010, and KRW 31,50,000 on October 31, 2016, KRW 50,000 on February 50, 2017, and KRW 1,750,000 on February 1, 2017.
However, at the time when the defendant paid the above amount to the plaintiff, each of the above amounts shall be the rate of 5% per annum for the plaintiff within the interest rate stipulated in the above loan certificate.