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1. The Defendant shall pay to the Plaintiff the full amount of KRW 7,258,366 and KRW 4,258,366, out of the above amount.
Reasons
1. Facts subsequent to the facts of recognition are without dispute between the parties, or the document in question is presumed to have been signed, sealed, and affixed under the circumstances where the entire document was completed, barring any other special circumstances. In addition, in a case where authenticity such as stamp image portion is recognized, the circumstances such as the document’s signature and seal first puts the signature and seal at the time when the whole or part of the document was not completed shall be deemed to belong to this case. Thus, in order to reverse the presumption of authenticity as a completion document, evidence such as reasonable reasons and indirect counter-proof to support it is necessary (see Supreme Court Decision 2001Da11406, Apr. 11, 2003). In addition, evidence No. 2001Da11406, Apr. 11, 2003; evidence No. 2003, May 24, 2017; the defendant’s name and seal No. 1000, as a whole, can not be acknowledged as a conflict between the defendant’s signature and seal No. 1 of the entire document.
On January 18, 2012, the Plaintiff paid the Defendant the remainder of KRW 27,300,000,000, deducting the total of KRW 2,700,000 and KRW 900,000,00 for three months, as interest rate of KRW 2% per month and due date of repayment on April 18, 2014.
B. On March 16, 2012, the Plaintiff lent KRW 3,000,000 to the Defendant without setting the due date and interest.
The loan contract for consumption dated January 18, 2012 shall be concluded below.