대여금
1. The Defendant’s KRW 30,000,000 and its relation thereto to the Plaintiff are 5% per annum from October 11, 2019 to February 18, 2021.
1. Facts of recognition;
A. On November 15, 2006, the Defendant married with C on November 15, 2006, but divorced on September 30, 2014, and C is the father and wife of the Plaintiff.
B. On August 25, 2014, the Plaintiff and the Defendant drafted a loan certificate stating that the Defendant borrowed KRW 235,000,000 from the Plaintiff (hereinafter “the instant loan certificate”).
[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Defendant, which caused the Plaintiff’s claim, borrowed KRW 235,00,000 from the Plaintiff on August 25, 2014, or prepared the instant loan certificate to pay the Plaintiff the said money.
Merely determined.
Therefore, the defendant is seeking to pay 235,000,000 won as a loan or agreed amount, and interest and delayed damages.
B. Determination 1) Since the Defendant borrowed KRW 30,000,000 from the Plaintiff, it is insufficient to acknowledge it only by the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it otherwise, since the Plaintiff borrowed KRW 205,00,000 from the Plaintiff.
2) Next, if the Plaintiff’s assertion of the agreed amount is added to the whole purport of the argument as to the Plaintiff’s assertion, D Co., Ltd. operated by the Defendant.
E A total of KRW 200,000,000,000 for E and F Co., Ltd. are deemed to have been holding a claim of KRW 240,000,000,000 for E and F Co., Ltd., but such circumstances and the evidence submitted by the Plaintiff alone agreed to return KRW 205,000
There is a lack of recognition, and there is no other evidence to prove it.
Therefore, the plaintiff's assertion of the contract amount is without merit.
3) The Plaintiff claimed the payment of interest or delayed damages from the day after the date of preparation of the instant loan certificate until the due date. However, there is evidence to prove that there was an agreement on the interest and the due date at the time of lending KRW 30,000.