대여금
1. The Defendant shall pay to the Plaintiff KRW 95,00,000 and the interest rate of KRW 16.42% per annum from October 28, 2019 to the date of full payment.
As long as a disposition is recognized as the authenticity of its formation, the court shall recognize the existence and contents of the declaration of intent in accordance with the contents of the statement, unless there is any clear and acceptable counter-proof that the contents of the statement are denied, and shall not reject the contents of the statement without the explanation of the reasons acceptable (see, e.g., Supreme Court Decision 88Da12759,12766, Nov. 27, 1990). In full view of the purport of the arguments in subparagraph 1, the defendant borrowed money from the plaintiff, but failed to repay principal and interest, and the plaintiff and the defendant made a loan certificate from the plaintiff on Oct. 27, 2019 that the defendant borrowed KRW 95,00,000 from the plaintiff and paid KRW 1,30,000 as interest every month.
According to the above facts, it is reasonable to view that the Plaintiff and the Defendant concluded a quasi-consumption loan contract for the existing loan and interest, so the Defendant is obligated to pay to the Plaintiff interest at the rate of 16.42% per annum (1,30,000 won x 12 months x 12 months / 95,000,000 won, and five decimal places) from October 28, 2019 to the date of full payment.
The plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.