대여금
1. The defendant's 140,000,000 won to the plaintiff and 5% per annum from August 7, 2020 to October 16, 2020 to the plaintiff.
Around July 2019, the fact that the Plaintiff lent KRW 140,000,00 to the Defendant on or after the due date set on August 6, 2020 as the expenses for taking over a screen golf course may be recognized by adding the whole purport of the pleadings to each description of the evidence Nos. 1 and 2 (including the number of pages).
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 140,000,000 won with 5% per annum as stipulated by the Civil Act from August 7, 2020 to October 16, 2020, the delivery date of the complaint of this case, and 12% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
In regard to this, the defendant asserts that the plaintiff's 140,000,000 won paid to the defendant is not the amount borrowed, and thus, the plaintiff cannot respond to the claim of this case.
As long as the establishment of a dispositive document (a performance agreement, A evidence No. 2) is recognized to be authentic, the court shall recognize the existence and content of the dispositive document in accordance with the language and text stated in the dispositive document, unless there is any clear and acceptable reflective evidence that denies the contents of the dispositive document (see, e.g., Supreme Court Decision 2002Da6753, Jun. 11, 2002). There is no evidence to acknowledge the Defendant’s assertion.
Therefore, the defendant's above assertion is without merit.
If so, the plaintiff's claim is justified and acceptable.