대여금
1. The Defendant shall pay to the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from March 29, 2016 to the date of full payment.
1. Facts of recognition;
A. The Defendant prepared and delivered to the Plaintiff a certificate of borrowing KRW 50,000,000 on August 6, 2012, and KRW 150,000,000 on October 17, 2012.
(hereinafter “each of the instant loans”). (b)
The Plaintiff issued a total of KRW 200,000,000 to the Defendant around the time of the preparation of each of the instant loans.
(hereinafter referred to as “the instant money”). [Ground of recognition] The fact that there is no dispute, Gap evidence 2-1 and 2-2, and the purport of the whole pleadings.
2. Where the parties to the determination prepare in writing a disposal document, what terms of a contract are written between the parties to the determination shall not be cited in the phrase used in writing, but the objective meaning given by the parties to the act of indicating is reasonably interpreted according to the contents written, regardless of the party’s internal intent. In this case, if the objective meaning of the text is clear, the existence and content of the expression of intent shall be recognized as stated in the language, barring special circumstances. The disposal document must recognize the existence and content of the declaration of intent in accordance with the contents written, unless there is any clear and acceptable counter-proof to the extent that the authenticity
In light of the above legal principles, barring any special circumstance, the loan contract between the Plaintiff and the Defendant for consumption, such as the content of each of the above loan certificates, shall be deemed to have been concluded.
The defendant asserts that the amount of this case was not received as a loan, but it was received from the company that the plaintiff had operated to accept part of the power plant construction from C in the form of a private contract from the defendant, and it was actually used as the cost of project development, such as feasibility study service cost and project plan service cost, necessary to acquire the authorization of the above project, and it was actually used.
1.2 Doctrine.