beta
Text
1. The defendant shall pay 177,651,000 won to the plaintiff and 12% per annum from May 22, 2019 to the date of full payment.
Reasons
1. From April 21, 2006 to December 24, 2013, the Plaintiff loaned a sum of KRW 567,051,000 as shown in the attached Table 1 sheet to the Defendant from April 21, 2006 to December 24, 2013, there is no dispute between the Plaintiff and the Defendant [the Defendant, on January 8, 2020, as stated in the fourth pleading date of this case, made a written preparation from January 6, 2020 to December 24, 2013, “the Plaintiff lent a sum of KRW 567,051,00 to the Defendant, as listed in the attached Table 1,” and the Defendant was voluntarily prepared on October 14, 2020.
Therefore, we examine whether the confession of the defendant has been lawfully revoked or not.
A confession in a trial is a statement of facts unfavorable to himself/herself, consistent with the allegations by the other party made on the date of pleadings or on the date of preparation of pleadings, and once a confession in a trial has been established, the court shall also be established unless it has been legally revoked. Thus, the court may not admit the facts that are contrary to the confession and the facts established in relation to the facts without dispute between the parties (see, e.g., Supreme Court Decision 87DaDa804, Oct. 24, 1988). Furthermore, the party revoking the confession shall prove, in addition, that the confession is contrary to the truth, as well as that the confession is contrary to the truth, and shall prove that
On the other hand, confessions made by mistake are not presumed to have been made (see Supreme Court Decision 2009Da84288, 84295, Feb. 11, 2010). In light of the above legal principles, there is no evidence to prove that the confessions by the defendant are contrary to the truth and due to mistake, and there is no evidence to prove that the confessions by the defendant are due to mistake.
[A] Meanwhile, the Plaintiff is a person who received reimbursement of KRW 389,40,00,00 from the Defendant, which is the aggregate of the amounts of the 389,40,000 dollars 1 through 8,13, and 15 of the attached Table 2.
Therefore, the Defendant’s remainder of 177,651,00 won (=567,051,000 won - 389,400,000 won) to the Plaintiff.