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1. The Defendants jointly and severally against the Plaintiff
(a) 112,250,000 won and a year thereon from August 28, 2017 to August 16, 2017.
Reasons
1. Facts of recognition;
A. The Defendants, as married couple, operated a restaurant with the trade name “E” in Busan Shipping Daegu D.
B. On May 28, 2013, the Plaintiff: (a) lent KRW 150,00,000 to the Defendants’ operating funds for restaurants operated by the Defendants; (b) paid KRW 500,000 per month for six months from the date of the lending (4%) and KRW 750,000 per month from the following day (6%) as interest; (c) paid KRW 2 million per month for 11 months after the grace period; and (d) agreed that the principal shall be paid KRW 3 million per year for the last month.
C. On May 28, 2013, the Defendants paid only the interest amounting to KRW 5,500,000,000 in total, KRW 8,750,000,000.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A1 and 2, and the purport of the whole pleadings
2. If so, the Defendants jointly and severally pay to the Plaintiff KRW 36,750,00 (=500,000 x 750,000 x 45 months) the remainder after deducting 5,500,000 won paid from May 28, 2013 through August 27, 2017, which is the lending date, from the total amount of interest to KRW 36,750,00,000, and KRW 31,250,000, and KRW 81,000,000,000 (i.e., the total amount of interest to be paid in installments for three years from May 28, 2013 to August 27, 2017; and (ii) the Plaintiff’s annual payment of KRW 12,250,000 x 3 months from the following day to the closing date of argument of each of the instant case from August 27, 2017.
The sum of KRW 14 million (=2 million x 7 months) and the amount indicated in the “interest” column in the attached Table 1 as to the amount indicated in the “principal” column in the attached Table 1 among them shall be paid, and ③ there is a duty to pay the amount indicated in the “performance Date” column in attached Table 2 on the date indicated in attached Table 2.
The plaintiff is about the future installment.