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1. The defendant shall pay to the plaintiff KRW 13,405,00 and KRW 4,857,50 among them, from December 18, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On September 13, 2010, the Defendant drafted a notarial deed stating that “The Defendant borrowed KRW 11 million from the Plaintiff on September 13, 2010 as interest and delay damages, 25% per annum from the Plaintiff, and September 13, 2011, and if the said monetary obligation is not performed, compulsory execution shall be recognized” (hereinafter “notarial deed of this case”).
B. The Plaintiff lent to the Defendant KRW 2 million on June 17, 201, and KRW 1.5 million on February 13, 2012. The Plaintiff stated each of the lending principal, including interest, at the letter of delegation prepared at the time, as KRW 2.5 million (e.g., September 17, 201) and KRW 2 million (e., payment period).
C. On May 30, 2014, the Defendant drafted a certificate of borrowing that “the Defendant borrowed KRW 150,070,000 from the Plaintiff, and thus, would have to pay 400,000 per month from June 30, 2014 to the time the said amount is fully repaid” (hereinafter “the instant certificate of borrowing”).
Since September 20, 2010, the Defendant, after preparing the instant authentic deed, remitted the Plaintiff KRW 16,165,000 in total over 50 times from September 20, 201 to April 9, 2014, which was from April 9, 2014, and transferred KRW 1,65,000 in total over five times from July 7, 2014 to December 17, 201.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 and 6 (including each number), the result of the extension of financial transaction information to creative agricultural cooperatives of this court, the purport of the whole pleadings
2. The parties' assertion
A. Of the money remitted to the Plaintiff by the Plaintiff, KRW 1 million on May 26, 201, and KRW 1 million on February 25, 2014, the sum of KRW 1 million on May 26, 201 and KRW 1 million on February 25, 2014, among the money transferred by the Defendant to the Plaintiff is not the money paid as debt repayment under the instant notarial deed.
Finally, as of December 17, 2014, the Defendant remitted money to the Plaintiff as of December 17, 2014, to the interest and principal on the instant notarial deed.