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1. The Defendant shall pay to the Plaintiff KRW 27,90,000 and the interest rate of KRW 15% per annum from August 30, 2016 to the day of complete payment.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. A. Around April 2009, the Plaintiff lent KRW 27,900,00 (hereinafter “instant loan”) to the Defendant, who is a partner of C and his/her son (hereinafter “the Plaintiff”), and the fact that C and the Defendant agreed to pay the said money by November 25, 2009 may be acknowledged either by a dispute between the parties or by means of the entries in the evidence No. 1 (cash storage certificate) and the purport of the entire pleadings.
[In a case where the formation of a disposal document is recognized as authentic, the existence of a juristic act in its content must be recognized unless there is any clear and acceptable ground to deny the content thereof (see Supreme Court Decision 84Meu571, Jul. 10, 1984). The evidence presented by the Defendant alone is insufficient to reverse the recognition.
B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of KRW 27,900,000 of the instant loan and the damages for delay calculated by the rate of 15% per annum from August 30, 2016 to the day of full payment, which is the day following the delivery of a copy of the instant complaint sought by the Plaintiff.
2. Judgment on the defendant's assertion
A. The defendant asserts that on November 26, 2009, the plaintiff received 50,000,000 won from D on behalf of the debtor for the construction cost of C on behalf of D on November 26, 2009, and then 30,000,000 won among them were appropriated for the repayment of the loan of this case, and that the remaining 20,000,000 won was brought to C.
(b) The following facts may be acknowledged by each of the parties’ written evidence Nos. 1, 2, and 1 of the evidence Nos. 3-1, 2, and 1 of the evidence, witness D’s testimony, Gangwon Agricultural Co., Ltd., and Seoul UFFC as a result of each financial transaction information inquiry, as a whole.
1) D, the land of the Plaintiff, C, etc. on November 26, 2009, KRW 50,000 (amounting to KRW 10,000,000) from the Plaintiff’s office to C, as shown in the attached sheet, as follows:
in sequence below, “1 to 5 checks”.
C) Of the above KRW 50,000,000, KRW 20,000,000 on the job, C is a penalty.