A. From May 31, 2012 to December 2014, the Plaintiff lent a total of KRW 30,000,000 to the Defendant. On March 5, 2015, the Defendant prepared and issued to the Plaintiff a certificate of borrowing (hereinafter referred to as “certificate of borrowing of this case”) stating that “30,000,000 won borrowed from the Plaintiff shall be repaid in 200,000 won each month from May 31, 2015 to May 31, 2015, and if the payment is in arrears twice, the Defendant shall lose the benefit of time, and the Plaintiff may immediately claim reimbursement for the full amount.”

B. The Defendant repaid to the Plaintiff KRW 200,000,000 on May 30, 2015, and KRW 100,000 on June 30, 2015, out of the above borrowed amount, which was appropriated for the principal of the said borrowed amount.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 29,700,000 (i.e., KRW 30,000, KRW 200,000 - KRW 100,000) and damages for delay at each rate of 15% per annum as stipulated by the Civil Act from December 4, 2015 to March 31, 2016, which is deemed reasonable for the Defendant to resist the existence or scope of the obligation to perform in this case, on the record that the delivery date of the duplicate of the application for the payment order in this case is an obvious day following the date on which the application for the payment order in this case was served to the Defendant.

B. The judgment on the Defendant’s assertion: (a) if the Plaintiff deducts the time limit amount to be paid from the Plaintiff from July 27, 2009 to December 30, 2009, the Defendant paid KRW 27,100,000 to the Defendant; and (b) the Defendant paid KRW 4,700,000 to the Plaintiff from July 7, 201 to June 30, 2015; and (c) if the Defendant deducts the three time limit amount of KRW 16,020,00 to the Plaintiff, the loan amount to be actually paid to the Plaintiff is KRW 6,380,00,00, and the loan certificate of this case was written without reading the content by the Defendant under the influence of alcohol.