대여금
1. The defendant shall pay 2,500,000,000 won to the plaintiff and 12% per annum from April 4, 2019 to the date of full payment.
1. According to the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, the defendant, on February 16, 2016, prepared and delivered a cash custody certificate that he/she received and keeps KRW 2.5 billion from the plaintiff on the same day (hereinafter "the cash custody certificate of this case") to the plaintiff, and on the same day, a notary public has been notarized by Law Firm LLC 329, 2016 as to the said cash custody certificate, and on March 19, 2019, the plaintiff sent a certification of the contents that the defendant kept in his/her custody to return it to the plaintiff's account by March 22, 2019, and that the above content certification has reached the defendant around that time.
According to the above facts of recognition, the defendant is obligated to pay 2.5 billion won and damages for delay to the plaintiff upon the plaintiff's request for return, except in extenuating circumstances.
2. On February 16, 2016, the Defendant asserts that: (a) the Defendant was paid KRW 2.5 billion for the marketing of E company from D on February 16, 2016; and (b) the Defendant prepared the cash custody certificate of this case formally upon D’s request, and did not receive KRW 2.5 billion from the Defendant.
However, the existence and content of the declaration of intent in accordance with the contents of the document should be recognized unless there is any clear and acceptable reflective evidence that would deny the content of the document where the document is deemed to have been authentic (see, e.g., Supreme Court Decision 2014Da29667, Sept. 26, 2014). The entries in subparagraphs B through B submitted by the Defendant in subparagraphs 1 through 4 alone are insufficient to deny the contents contained in the instant cash custody certificate, and there is no other evidence to deny them.
Therefore, the defendant's above assertion is not accepted.
3. If so, the Defendant’s lawsuit is promoted, etc. from April 4, 2019 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff, as the date when the Plaintiff demanded the Defendant to return the above custody amount to the Defendant.