대여금
1. The Defendant shall pay to the Plaintiff KRW 98,00,000 and the interest rate of KRW 15% per annum from April 25, 2018 to the date of complete payment.
1. According to the purport of Gap evidence Nos. 1, 2, 8, and 9 as to the cause of the claim and the entire pleadings, the plaintiff is obligated to pay to the plaintiff delayed payment calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 25, 2018 to the date of full payment, on February 25, 2016, when lending KRW 98,000 to the defendant on February 25, 2016 (hereinafter "the loan of this case"). Thus, the defendant is obligated to pay to the plaintiff delayed payment calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 25, 2018 to the date of full payment.
2. The defendant's assertion argues that the plaintiff only prepared a loan certificate (No. 1) in a formal manner on the grounds that it was necessary for the divorce process, and that the plaintiff did not borrow 98,000,000 won from the plaintiff.
In full view of the following circumstances, it is reasonable to view that the Defendant borrowed KRW 98,00,00 from the Plaintiff, and the Defendant’s above assertion is without merit.
① On February 25, 2016, the Plaintiff established a right to collateral security on an apartment owned by the Plaintiff and received a deposit of KRW 97,946,180 from C Bank, and was issued as a one million fake check.
② On February 25, 2016, the said check was deposited into the Defendant’s Agricultural Cooperative Account (the Defendant appears to have operated D’s business account). The Defendant repaid the existing debt, and paid the purchase price of the apartment in which the present resident had resided, and used the said money by remitting it to its children.
③ On April 14, 2016, the Defendant returned KRW 2,000,000 to the Plaintiff, and the loan certificate stated the amount of KRW 98,00,000.
④ From April 2016 to March 2018, the Defendant paid 380,000 won per month to the Plaintiff. In light of the time of payment, amount to be paid, etc., this is considered.