대여금
1. The defendant shall pay 136,00,000 won to the plaintiff and 15% per annum from February 1, 2018 to the day of complete payment.
Comprehensively taking account of the purport of the argument in Gap evidence No. 1, the plaintiff may recognize the fact that on March 20, 2017, the plaintiff lent KRW 136,00,000 to the defendant as of December 30, 2017. As such, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 15% per annum from February 1, 2018 following the delivery of the original copy of the payment order in this case to the day of complete payment.
In regard to this, the defendant asserts that the amount of the loan stated in Gap evidence No. 1 loan certificate is more than actual, but if the contract is written in writing as a disposal document, it shall reasonably interpret the objective meaning which the party has given according to the contents written in the document, regardless of the party's internal intent, and in this case, if the objective meaning of the text is clear, it shall be recognized as the existence of the expression of intent and its contents (see, e.g., Supreme Court Decision 2010Da81957, Jan. 27, 201). Thus, the loan amount stated in Gap evidence No. 1 loan certificate, which is a disposal document written between the plaintiff and the defendant, is clearly stated as "10 million won," and there is no evidence to acknowledge that the actual amount of the loan differs from this. Thus, the defendant's assertion is without merit.
Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.