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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from May 1, 2012 to March 27, 2015 and the following.
Reasons
1. According to the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the Plaintiff prepared a loan certificate (hereinafter “the instant loan certificate”) with the Defendant, C, and D on April 6, 2012, and the Plaintiff transferred KRW 45,00,000 to the account of C upon the Defendant’s request on April 7, 2012, respectively.
The loan certificate of KRW 100,000 (10,000) shall be liable for and paid by 50,000,000,000 (50,000) to B (the defendant's title) until April 30, 2012, and the remainder of 50,000,000 (50,000) shall be paid at the same time as C and D's first payment period (50,000) (5,00,000) shall be paid to the plaintiff, barring special circumstances, unless the defendant shall pay to the plaintiff the agreed amount 50,00,000,000 and the remaining due date after the delivery date of the original payment order of this case from May 1, 2012 until March 27, 2015, which is the delivery date of the original payment order of this case, and damages for delay shall be paid at the rate of 20% per annum as prescribed by the Civil Act.
2. Judgment on the defendant's assertion
A. The summary of the Defendant’s assertion was that the Plaintiff lent KRW 5 million to C, which deducted KRW 5 million from the prior interest and KRW 4.5 million, and the Defendant drafted the instant loan certificate with the purport of a guarantee for the principal amount of KRW 5 million.
Since then, the Plaintiff was paid the principal amount of KRW 5 million and interest KRW 1.5 million.
Therefore, the defendant does not have a duty to pay money to the plaintiff.
B. The fact that the Plaintiff received KRW 5 million from E on July 2012 is recognized.
However, if the authenticity of a dispositive document is recognized, it shall be objectively interpreted that the parties expressed their intent in accordance with the language and text stated in the dispositive document, barring any special circumstances (see, e.g., Supreme Court Decision 2005Da24349, Mar. 10, 2006). The loan certificate in this case shall be KRW 100,000,000 and the defendant shall pay KRW 50,000,000 among them until April 30, 2012.