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1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and KRW 24% per annum from November 11, 2015 to August 9, 2019; and (b).
Reasons
1. The plaintiff asserts that since the plaintiff lent KRW 100 million to the defendant, 10 million and damages for delay should be paid from the defendant.
It is true that the defendant prepared a 100 million foot loan certificate to the plaintiff, but it is true that the plaintiff actually lent 69 million won to the plaintiff, and thus, the defendant did not have an obligation to pay the debt in excess of the above amount.
2. Determination
A. As long as the authenticity of the formation of a disposal document is recognized, the existence and content of the declaration of intent should be recognized in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable reflective evidence to deny its probative value, and the fact that the Defendant, on October 16, 2015, prepared and delivered a loan certificate stating that KRW 100 million from the Plaintiff shall be due until November 10, 2015, and the interest shall be 2% monthly (hereinafter “the loan certificate of this case”) to the Plaintiff is not disputed between the parties, and it is recognized by the statement stated in subparagraph 1, and the Defendant failed to submit any other evidence to reverse the above recognition.
Rather, on June 24, 2015, the Plaintiff’s wife agreed to pay KRW 30 million to the Defendant up to August 15, 2015, and leased KRW 20 million to the Defendant on August 19, 2015, and the Plaintiff’s wife agreed to pay KRW 20 million up to October 30, 2015. The Defendant did not pay each of the above loans. The Plaintiff loaned KRW 50 million to the Defendant on October 16, 2015, and agreed to receive KRW 10 million from the Defendant (i.e., KRW 30 million, KRW 20 million, KRW 50 million, KRW 50 million, KRW 300,000, KRW 500,000, KRW 3500,000,000 from each of the above loans). (The Plaintiff appears to have received KRW 20,500,000,00 from each of the above loans.)
[See evidence Nos. 1, 6, 7, and 8 (including paper numbers)] also;