beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. On May 30, 2017, the Defendant drafted a loan certificate (Evidence A 1) stating that “The Plaintiff shall repay the loan amount of KRW 13 million up to June 30, 2017, but shall pay damages for delay at the rate of 25% per annum to the Plaintiff,” with the purport that “if this is delayed, the Plaintiff shall be paid damages for delay at the rate of 25% per annum.” (2) On the same day, the Defendant drafted to C and D a loan certificate of KRW 13 million per amount, and written to E a loan certificate of KRW 17.4 million per amount.
3) After doing so, the Defendant prepared to the Plaintiff a letter of payment (Evidence A 3) stating the purport that “The Plaintiff shall pay a total of KRW 56,40,000 to the Plaintiff, C, D, and E,” stating that “The Plaintiff shall pay the Plaintiff KRW 56,40,00,000,000,000.”
However, the burden of proof as to the coercion exists on the defendant, but it is not sufficient to acknowledge it only with the evidence submitted by the defendant, and there is no other evidence to prove it, it is judged that each of the above documents was genuine.
Judgment
In the absence of special circumstances, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of 25% per annum from July 1, 2017 to the day of full payment, which is the day following the due date for payment, to the Plaintiff, barring special circumstances.
2. Judgment on the defendant's assertion
A. As to the assertion that it is not a loan, the defendant asserts to the effect that the amount of KRW 13 million received from the plaintiff is merely an investment loan, not a loan, and that it does not have an obligation to repay.
The certificate of loan (Evidence A) dated May 30, 2017 is a disposal document stating that the defendant borrowed KRW 13 million from the plaintiff, and the disposal document is a disposal document, unless there are special circumstances that allow the denial of the existence and content of the expression of intent indicated in the document where the authenticity is recognized.