대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. According to the evidence No. 1, the Defendant borrowed KRW 15 million from the Plaintiff on April 18, 2015, and repaid on November 30, 2015.
'The fact that ‘the loan certificate' has been drawn up and issued can be recognized.
2. The plaintiff asserts that the plaintiff, instead of directly lending the amount of KRW 15 million to the defendant, had the defendant use the securities account in the name of the plaintiff that was deposited in the name of the plaintiff. However, while the defendant had continued to pay the amount of KRW 15 million to the plaintiff and completed the above loan certificate, the defendant argued that he/she paid the amount of KRW 15 million to the plaintiff.
As to this, the defendant recommended the plaintiff to invest 15 million won in shares, and demanded the plaintiff to prepare a certificate of loan with the desire that the share price has fallen, and inevitably prepare the above certificate of loan without any choice. The defendant asserts that the amount of KRW 5 million around February 29, 2016, KRW 500,000 around September 30, 2016, KRW 300,000 around November 30, 2016, KRW 30,000 around October 30, 2017, and KRW 35,000 on one box around the snow of 2017, KRW 55,00 in total, KRW 1,255,00 in total.
3. Determination
A. The above loan certificate must be recognized as legal relations as stated in the disposal document unless there are other special circumstances. There is no evidence to acknowledge that the defendant prepared the above loan certificate by the plaintiff's bath or demand, etc., and there is no other evidence to acknowledge other legal relations than the loan certificate. Thus, the defendant is liable to pay the plaintiff 15 million won and interest in arrears in accordance with the above loan certificate.
B. Meanwhile, there is no evidence to acknowledge payment or payment in kind as alleged by the Defendant.
C. Ultimately, the Defendant is 5% per annum under the Civil Act until July 20, 2018, on which the original copy of the instant payment order was served on the Defendant from December 1, 2015, the date following the agreed period of repayment, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.