대여금
1. The Defendant shall pay to the Plaintiff KRW 116,834,923 as well as 24% per annum from January 29, 2013 to the day of full payment.
1. Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1, 3, and 7 as to the cause of the claim, the defendant borrowed money from the plaintiff several times from July 31, 2009 to November 6, 2010, and the defendant borrowed 130,000,000 won from the plaintiff on November 6, 2010 (hereinafter "the loan of this case") with interest rate of 2% per annum (hereinafter "the loan of this case"). The plaintiff is obligated to pay the principal and interest rate of 74,00,000 won from November 25, 2010 to January 28, 2013, and the defendant is obligated to pay the loan of this case with interest rate of 130,000,000 won as shown in the separate sheet to the plaintiff as of November 31, 2009 to November 28, 2013. Thus, the defendant is still obligated to pay the principal and interest rate of this case No. 134,134.
2. The defendant's assertion and judgment
A. The Defendant asserts that the loan borrowed from the Plaintiff is merely 100,000,000 won and there is no obligation to repay the excess portion. However, barring any special circumstance, if the objective meaning of the language is clear in cases where the content of a contract is written between the parties to the contract as a disposal document, it is necessary to recognize the existence and content of the expression of intent (see, e.g., Supreme Court Decision 2000Da72572, May 24, 2002). The Defendant prepared the instant loan certificate stating that the Defendant borrowed 130,000,000 won by settling the loan borrowed from the Plaintiff on November 6, 2010 at a rate of 2% per month interest, and there is no evidence supporting that the Plaintiff and the Defendant agreed to set the loan borrowed amount as KRW 100,000,000, different from the instant loan certificate.