대여금
1. The Defendant shall pay to the Plaintiff KRW 41,750,000 and the interest rate of KRW 15% per annum from December 22, 2016 to the date of full payment.
1. According to the statement in Gap evidence No. 1, the defendant written a loan certificate stating that the defendant borrowed KRW 50,00,000 from the plaintiff (hereinafter "the loan certificate of this case"), and the loan certificate is written as " April 28, 2015." This is recognized as the original "200 x (200 x month) x month, but it seems that the loan certificate of this case was done in a cut language.
2. Determination as to the cause of the claim
A. The gist of the plaintiff's assertion 1) The plaintiff and the defendant joined the fraternity together with the plaintiff. The plaintiff paid 30,000,000 won of the fraternity to Feb. 2, 2002, and 20,000,000 won of the fraternity to May 2005, and the defendant did not pay the fraternity to the plaintiff. The defendant did not pay the plaintiff the fraternity to the plaintiff because he did not pay it. The defendant issued the loan certificate of this case, and the defendant paid 12,50,000 won of the principal [8,700,000 won of the fraternity (30,000 won of the fraternity) plus interest of 12,50,000 won of the loan of this case to the plaintiff, and the defendant paid 10,000 won of the loan of this case to the plaintiff to the plaintiff as 12,50,000 won of the loan of this case to the plaintiff 205,2005.
Inasmuch as the Defendant deducted interest from the Plaintiff and received the guidance, only the Plaintiff is exempted from the payment of the guidance, and there is no obligation to pay interest otherwise.
B. Determination 1) Although there are some differences between the Plaintiff and the Defendant’s assertion, the Defendant promised to receive KRW 50,000,000 from the Plaintiff and to pay the said money to the Plaintiff in the manner of paying the said money. In light of the ordinary point of view, it is reasonable to view that the Defendant promised to pay the Plaintiff the said money to the Plaintiff at KRW 50,000 as principal and interest KRW 12,50,000 as interest, and KRW 12,50,000 as principal, barring any other circumstance. 2) Therefore, the Defendant, barring any other circumstance, committed to the Plaintiff 41,750.