A. 1) On May 29, 2015, the Plaintiff, at the request of the Defendant, who was the head of the C Business Headquarters, lent KRW 200,000 (hereinafter “instant loan”) to the Defendant on May 29, 2015. 2) Thereafter, on November 19, 2015, the Defendant: (a) prepared a letter of loan stating that “the instant loan shall be repaid by the end of June 2016; and (b) if so, payment shall be made by adding the interest calculated at the rate of 2% per month from the first loan date” (hereinafter “the instant loan certificate”).

3) However, the Plaintiff did not receive the instant loan until now. [The grounds for recognition: the Plaintiff did not dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings.]

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the interest and delay damages calculated at the rate of 24% (2%) per annum from November 19, 2015 to the date of full payment (2%) as claimed by the Plaintiff, as the first loan date with respect to the instant loan amounting to KRW 200,000,000,000, and as the interest and delay damages from November 19, 2015.

2. Judgment on the defendant's assertion

A. In a situation where the defendant's assertion C is not reasonable and seven days, the plaintiff threatened the defendant with the intention of not performing the duties of the chairperson of the organization of the C in the absence of a certificate of loan concerning the loan of this case. Accordingly, the defendant inevitably prepared the certificate of loan of this case, and thus the certificate of loan of this case is null and void.

B. In full view of the above evidence and the purport of Gap evidence and Gap evidence No. 5 as a whole, it can be acknowledged that C exercised in 2015 was held on November 20 of that year, and the fact that the loan certificate of this case was made on November 19, 2015 prior to that day is as seen earlier, but it is insufficient to recognize that the loan certificate of this case was made on the basis of plaintiff's coercion, and there is no other evidence to prove otherwise.

Therefore, the defendant's argument is without merit.

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