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1. The Defendant’s KRW 65,00,000 as well as the Plaintiff’s KRW 20% per annum from December 6, 2014 to September 30, 2015, and the following.
Reasons
1. Facts of recognition;
A. From around June 21, 2003 to June 21, 2013, the Defendant issued a certificate of borrowing KRW 40,000 to the Plaintiff on August 19, 2013, when confirming the remainder of the loan and confirming the loan from the Plaintiff.
B. When the Defendant, as an owner of a fraternity, was unable to pay the fraternitys even after receiving the fraternitys from the Plaintiff while operating the fraternity, on August 19, 2013, the Defendant prepared a loan certificate stating that the Defendant borrowed KRW 25,00,000 to the Plaintiff (hereinafter referred to as the “the instant loan certificate”).
[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings
2. The Defendant prepared the instant loan certificate with the purport that the loan amount to be repaid to the Plaintiff is KRW 65,000,000 ( KRW 25,000,000).
As such, the Plaintiff is obligated to pay 20% per annum to the Plaintiff from December 6, 2014 to September 30, 2015, the day following the delivery date of a copy of the complaint in this case, under Article 2(2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3(1) main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015; and until October 1, 2015; and damages for delay calculated at the rate of 15% per annum under the provisions of the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.
3. Judgment on the defendant's assertion
A. The defendant is forced to prepare the certificate of loan of this case even if there is no remaining loan, and thus the declaration of intention by the certificate of loan of this case is null and void or cancelled.
Although the defendant asserts that it is null and void, the defendant claims for cancellation.