대여금
1. The Defendant’s KRW 177,00,000 for the Plaintiff and 5% per annum from February 6, 2014 to July 23, 2014.
1. On September 20, 2004, the defendant prepared and delivered to the plaintiff a certificate of borrowing KRW 165,000,000 from the plaintiff on March 20, 2005 without fixing interest, and the certificate of borrowing KRW 12,00,000 from the plaintiff on October 18, 2004 without fixing the due date and interest (hereinafter referred to as "each of the above certificates of borrowing in this case"). However, the defendant did not pay to the plaintiff money on each of the above loan certificates.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff a total of KRW 177,00,000 on each of the loan certificates of this case (i.e., KRW 165,000,000) and damages for delay calculated at the rate of 20% per annum as prescribed by the Civil Act from February 6, 2014 to July 23, 2014, which is obviously the day following the day on which a copy of the complaint of this case was served to the Defendant, as sought by the Plaintiff, at the request of the Plaintiff.
B. As to this, the defendant argued that each of the loan certificates in this case was prepared by the plaintiff at the request of the plaintiff, and in fact, it did not borrow money in the same way as the above loan certificate. Since the defendant borrowed money from the plaintiff from the plaintiff from time to time and lent it to the non-party with gambling money, etc., and the plaintiff also knew it, it is not sufficient to recognize it as illegal consideration, and there is no other sufficient evidence to recognize it, and even if the defendant's argument, the defendant is unable to repay the principal amount of KRW 177,00,000 out of the loan borrowed from the plaintiff, and the defendant is eventually unable to repay the principal amount of KRW 177,00,000.