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1. The Defendant shall pay to the Plaintiff KRW 39,00,000 and the interest rate of KRW 15% per annum from March 30, 2018 to the date of complete payment.
Reasons
1. On September 25, 2017, the fact that the Defendant borrowed KRW 50 million to the Plaintiff on September 25, 2017 and written a certificate of borrowing that the Defendant would be held liable for civil and criminal liability if he/she did not repay the loan by November 15, 2017 (hereinafter “the instant certificate of borrowing”) is no dispute between the parties.
2. Assertion and determination
A. The Plaintiff received 11 million won out of the above loans from the Defendant and asserted that the balance is KRW 39 million, and sought payment from the Defendant.
In regard to this, the Defendant asserted that, on June 2016, the Plaintiff borrowed KRW 24 million from the Plaintiff and repaid KRW 8 million to the Plaintiff, the Plaintiff would find the Plaintiff and know about the surrounding area if the Plaintiff did not prepare the certificate of loan of KRW 56 million, and the Plaintiff demanded the Plaintiff to prepare the certificate of loan of this case to keep it formally, and the actual loan balance is only KRW 5 million (=6 million - 10 million).
B. The loan certificate of this case was prepared by the plaintiff's coercion.
Since there is no evidence to acknowledge that the defendant was either formally or formally prepared, the above argument by the defendant is without merit, and according to the above basic facts, the plaintiff can recover the fact that the plaintiff lent 50 million won to the defendant. Thus, the defendant is obligated to pay to the plaintiff delayed payment calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 30, 2018 to the date of delivery of a copy of the complaint of this case (the original copy of payment order) as requested by the plaintiff, as requested by the plaintiff.
3. Conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.