beta
Text
1. The Defendant’s KRW 45,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 1, 2011 to August 17, 2018.
Reasons
1. The parties' assertion
A. The plaintiff's assertion that "if the funds are insufficient to establish a company as a corporation of the Yellow Power Distribution Agency, if the company loans KRW 50 million, the company will enter the company as its auditor and pay KRW 4 million per month," and around July 2009, the plaintiff borrowed KRW 47,727,000 to the defendant and received each loan certificate No. 1-2 and No. 1-2, and No. 2. The defendant should pay to the plaintiff the amount of the borrowed principal and the damages for delay.
B. The defendant's assertion that the defendant merely received an amount equivalent to KRW 46 million from the plaintiff who operated the asset management company while operating C, as investment funds for the operation of the company, and each of the loans in this case was made by the plaintiff's coercion because the operation of the company is difficult.
2. According to the purport of each of the statements and arguments by Gap evidence Nos. 1-1 and 2 (hereinafter "each of the instant loan certificates"), it is recognized that the defendant prepared to the plaintiff a certificate of loan with the purport that "the defendant borrowed KRW 46 million and repaid until December 1, 2010," and that the defendant again drafted to the plaintiff a certificate of loan with the purport that "one million won shall be repaid and repaid by December 31, 2010," with the purport that "45 million won shall be repaid and repaid by December 31, 2010."
As long as the establishment of a disposal document is recognized as authentic, the court shall recognize the existence and contents of the declaration of intent in accordance with the language stated in the disposal document, unless there is any clear and acceptable counter-proof as to the denial of the contents of the statement.
(See Supreme Court Decision 2014Da19776 Decided February 15, 2017, etc.). In light of the foregoing legal doctrine, the Defendant shall pay to the Plaintiff the remainder of the loan principal, KRW 45 million, as stated in the respective loan certificates of this case, and the Plaintiff shall be paid 5% per annum as stipulated in the Civil Act from January 1, 201 to August 17, 2018, on the record that the record is the delivery date of the copy of the instant written complaint, clearly from the date following the due date.