대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. In full view of the overall purport of the pleadings, the judgment on the cause of the claim Nos. 2, 2, and 1 and 2, it is acknowledged that the Defendant agreed on March 23, 2016 between the Plaintiff and the Defendant to borrow KRW 50,000 to the Plaintiff on March 23, 2016, and the fact that the Defendant repaid KRW 15,00,000 among the parties does not conflict.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 35,00,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 17, 2017 to the date of full payment, as the Plaintiff seeks.
2. Judgment on the defendant's defense
A. The defendant asserts that the above loan certificate is null and void due to the absence of mental capacity, since the situation where the plaintiff could not make a decision by himself due to the pressure of the plaintiff's side at the time of preparing Gap evidence No. 2 (the certificate of rent).
On the other hand, as alleged by the defendant, there is no evidence to prove that there was a situation in which the defendant could not make a decision due to the pressure of the plaintiff on the part of the plaintiff at the time the above loan certificate was prepared.
Therefore, this part of the argument is not accepted.
B. The Defendant asserts that: (a) Before preparing the evidence No. 2 (Evidence No. 2), the Plaintiff repaid USD 13,200 in cash over four occasions ($ 15,00,000) to the Plaintiff.
It is difficult to find that the Defendant paid USD 13,200 to the Plaintiff in cash only with the statement of the evidence No. 3, and there is no other evidence to acknowledge it.
Therefore, the defendant's defense of repayment cannot be accepted.
3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just as it is concluded, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.