[Ground of recognition] Unsatisfy, Gap evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant shall pay the above loan and damages for delay to the plaintiff.

B. The defendant's assertion that the defendant did not receive a loan from the plaintiff. However, if a disposal document is deemed to have the authenticity, the existence of a juristic act in its content must be recognized unless there are any special circumstances that clearly and acceptable to deny the existence and content of the expression of intent indicated in the document (see, e.g., Supreme Court Decision 2000Da38602, Oct. 13, 200). The loan certificate of this case, which is a disposal document, states that the defendant borrowed KRW 35,00,000 from the plaintiff, and there is no other evidence to deny the above contents. Thus, the defendant's assertion is without merit.

C. The Defendant is obligated to pay to the Plaintiff 35,00,000 won with the borrowed principal and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from October 31, 2009 to September 27, 2017, which was served on the Defendant the original copy of the instant payment order, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.