대여금
1. The defendant shall pay 40 million won to the plaintiff and 30% per annum from September 9, 2009 to the day of complete payment.
According to the purport of Gap evidence No. 1 and the whole pleadings, the plaintiff and the defendant prepared a notarial deed under a monetary loan agreement with a notary public on September 10, 2008, stating that "the plaintiff lent 40 million won to the defendant on September 9, 2008, and the defendant repaid the above loan to the defendant on September 8, 2009, and the defendant shall pay the plaintiff the above loan and pay the damages for delay at a rate of 30% per annum if the repayment is delayed."
If the authenticity of a disposal document is acknowledged, unless there is an express or implied agreement different from the content written in the document, the court shall recognize the existence and content of the declaration of intent in accordance with the content written in the document (see, e.g., Supreme Court Decision 97Da1013, Jan. 21, 2000). In full view of the facts acknowledged earlier, the Defendant shall pay to the Plaintiff the loan amounting to KRW 40 million as of September 9, 2008 and damages for delay, barring special circumstances.
In regard to this, the defendant alleged that the defendant was not a loan, but a credit value, and that a notarial deed was prepared by force, but there is no evidence to acknowledge it, and the defendant's argument is not acceptable
Therefore, the defendant is obligated to pay to the plaintiff 40 million won with the interest rate of 30% per annum of the agreed delay damages from September 9, 2009 to the day of full payment, which is the day following the due date for repayment.
If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.