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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from April 27, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On February 8, 2013, the Plaintiff entered into a contract with C and C to lend KRW 50,000,000 (hereinafter “instant loan agreement”) by setting the monthly interest rate as 10% per month when the Plaintiff’s spouse was due to the Defendant’s intention as the Defendant’s spouse for de facto marriage with the Plaintiff’s spouse for marriage and C, and the Defendant’s spouse for marriage with the Defendant.
B. The Defendant, upon C’s request, failed to repay the instant loan even after the due date specified in the instant loan agreement, and the Defendant borrowed KRW 50,000,000 to the Plaintiff from the end of February 22, 2013 to the beginning of early 2014, “I will be liable for all civil and criminal charges when I are unable to repay to the Plaintiff by March 1, 2014.” The name and resident registration number on the loan certificate (Evidence 1) stating that “I will be self-written and deliver it to the Plaintiff along with the Defendant’s personal seal impression.”
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2-10, 18, 19, 25, 26, and 28; the purport of the whole pleadings
2. Determination
A. In light of the overall purport of the arguments in the above facts of recognition as to the cause of the claim, it is reasonable to deem that the Defendant prepared and delivered the evidence No. 1 (the tea certificate) to the Plaintiff in the meaning of bearing the obligation jointly, and barring any special circumstance, the Defendant is liable to pay the Plaintiff the principal amount of the loan of this case as 50,000,000,000, and damages for delay.
B. The defendant's defense (i) acknowledged the authenticity of the evidence No. 1 (the second evidence) by the defendant, but argued that it was only formally prepared by the C's request to use the evidence only for the purpose of the joint and several guarantee agreement with the D's spouse, and that it is invalid as a non-author's declaration of intention or a false conspiracy with the other party. However, the disposition document is deemed invalid unless there are special circumstances.