대여금
1. The Defendant shall pay to the Plaintiff KRW 205,00,000 and the interest rate of KRW 12% per annum from April 27, 2019 to the date of full payment.
1. The Plaintiff loaned a total of KRW 25 million to the Defendant’s cohabitant from around 2004 to June 2005. The Defendant guaranteed the Defendant’s above loan obligation; the Defendant, around September 26, 2010, prepared and issued a loan certificate as of September 26, 2010 (hereinafter “the loan certificate of this case”) with respect to the above guaranteed obligation to the Plaintiff as the principal amount of KRW 2.5 million; and there is no dispute between the parties; barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the annual rate of 12% as of April 27, 2019, which is the day following the delivery date of the original copy of the instant payment order from April 27, 2019 to the day of full payment.
(A) The Plaintiff claimed for the payment of damages for delay calculated at the rate of 15% per annum, but the Plaintiff’s claim for damages for delay exceeding the above recognition scope under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and Article 2(2) of the Addenda of the same Act shall not be accepted). 2. As to the Defendant’s claim, the Defendant did not borrow KRW 2.5 million from the Plaintiff on September 26, 2010, and the instant loan certificate was merely drafted in the sense of confirming the total amount of the existing loan certificate, and the said loan certificate expired by the statute of limitations.
However, as long as the establishment of a disposal document is recognized as authentic, the court should recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document unless there is any clear and acceptable reflective evidence that denies the contents of the statement (see Supreme Court Decision 2017Da235647, Jul. 12, 2018). The defendant shall prepare the loan certificate of this case with the intent to bear the obligation of KRW 25 million against the plaintiff as stated in the loan certificate stated in the disposal document of this case.