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1. The Defendant’s KRW 50,000,000 and its related amount are 5% per annum from August 20, 2018 to April 16, 2019 to the Plaintiff.
Reasons
1. According to the evidence Nos. 1 and 2 of the facts of recognition, the fact that the representative director C of the defendant company prepared and attached to the plaintiff, on March 8, 2016, a loan certificate stating, “I, on the date of repayment, KRW 100 million, KRW 100 million, and KRW 100,000, May 30, 2016, and I, on the other hand, promised to repay the above money by May 30, 2016” (hereinafter “the loan certificate of this case”).
2. The Plaintiff’s assertion C (the representative director of the Defendant Company) did not comply with the Plaintiff’s claim while giving the Plaintiff a certificate of borrowing KRW 50 million.
As the Plaintiff urged the implementation of the agreement, the Defendant Company agreed with the Plaintiff to reimburse KRW 70 million (the above KRW 50 million and interest KRW 20 million). However, the loan certificate stated KRW 100 million.
Accordingly, the Plaintiff seeks the payment of the above KRW 70 million to the Defendant Company as the loan or agreed amount based on the loan certificate of this case.
(1) The court below held that the plaintiff sought the payment of the loan under the loan certificate of this case on January 3, 2019 and on January 3, 2019 and on January 3, 2019. Thus, it is reasonable to view that the plaintiff sought the payment of the loan or the agreed amount under the loan certificate of this case as the ground for the claim of this case).
A. According to the process of preparing the instant loan certificate, the contents and the validity of the instant loan certificate, and the purport of the entire pleadings, C prepared a loan certificate and a written statement of the loan payment with the purport that “C would repay the debt of KRW 50 million to the Plaintiff on October 23, 2006 and May 31, 2007” to the Plaintiff on two occasions. On November 20, 2014, the Plaintiff sent to C a content-certified mail with the intent to take legal measures when the Plaintiff urged and fails to perform the above agreement, and the representative director of C of the Defendant Company urged C to perform the above agreement, and drafted the instant loan certificate to the Defendant.