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1. The Defendant’s KRW 70,000,000 as well as 5% per annum from December 1, 2012 to March 4, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On March 10, 201, the Plaintiff lent KRW 200 million to B Co., Ltd., and received a notarized deed from B Co., Ltd., “B Co., Ltd. borrowed KRW 2.5 million from the Plaintiff on March 10, 201, and repaid KRW 50,000 in five installments each month from April 30, 201 to August 31, 2011, and pays damages for delay calculated at the rate of 44% per annum if the payment of the above amount is delayed.”
(hereinafter referred to as “instant notarial deed”). (b)
B Co., Ltd. repaid KRW 110 million between April 29, 201 and October 13, 2011.
C. On the basis of the instant notarial deed, the Plaintiff filed an application for the attachment and assignment of the claim against “147,932,054 won out of the total amount of the bond for construction work of the Library of the previous North Korean University to the obligor and the 3rd party Construction Co., Ltd., as the obligor, Jinwon District Court Jinwon Branch 201TT 5757.
On October 19, 2011, the Plaintiff received a claim attachment and assignment order (hereinafter “instant assignment order”) from the above court (hereinafter “instant assignment order”) and confirmed on November 30, 201 of the same year, but it was not recovered the money according to the instant assignment order, which was the third debtor, according to the default of payment.
E. Meanwhile, on August 10, 2012, the Defendant, the representative director of the Company B, issued to the Plaintiff a written confirmation of payment stating that “the Defendant shall repay KRW 90 million to the Plaintiff, and shall pay KRW 10 million to the Plaintiff by August 31, 2012, KRW 20 million by September 30, 2012, KRW 30 million by October 31, 2012, KRW 30 million by November 30, 2012, and KRW 30 million by November 30, 2012.” The Defendant, who is the representative director of the Company B, issued to the Plaintiff a written confirmation of payment that “the payment of interest for KRW 110 million,000,000,000,000,000,00
(hereinafter referred to as “instant letter of payment”). (f)