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 case where an adjudication on the cause of action is recognized as a petition, the existence of a juristic act which forms the content of the declaration of intent expressed in the petition shall be recognized, unless there are special circumstances to the contrary, where the existence and content of the declaration of intent expressed in the document are evident
(2) The Plaintiff and the Defendant, on November 15, 2009, completed the loan certificate (hereinafter “the loan certificate of this case”). The principal contents of the loan certificate of this case are 2% of interest per month (the 15th day of each month, the advance payment), and the due date of payment on November 15, 2010. The Defendant’s interest payment at once is delayed. The Defendant’s interest payment at no time constitutes a loss of the due date, and the Defendant’s interest payment at no time is recognized by considering the entire purport of the pleadings as a whole, or there is no dispute between the parties.
As long as the Defendant is found to have prepared the instant loan certificate, the existence of the act of borrowing must be recognized in accordance with the above legal doctrine. Therefore, the Defendant is obliged to pay the Plaintiff the loan and the agreed interest thereon, barring any special circumstance.
2. Judgment on the defendant's assertion
A. The defendant's assertion that the loan certificate of this case was prepared by coercion, etc. is "the loan certificate of July 15, 2008, stating that the defendant borrowed KRW 260 million from the plaintiff around July 15, 2008," and "the loan certificate of July 15, 2008."
After drawing up B, around November 2009, the Plaintiff borrowed additional KRW 20 million to the Plaintiff, and the Plaintiff was forced to prepare the instant loan certificate according to the Plaintiff’s strong pressure or deception, not to be considered to be formally prepared. Since the interest rate, interest payment period, and repayment period stated in the instant loan certificate are unilaterally stated by the Plaintiff.