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1. The defendant
(a) KRW 20,00,000 and for this, 5% per annum from August 1, 2016 to December 29, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant had lived for more than 10 years, and they frequently disputed with the Defendant’s gambling and female relationship during the period of living, etc., and during that period, the Defendant used violence against the Plaintiff.
B. On July 6, 2015, the Defendant drafted a letter stating that “The Plaintiff will pay KRW 15 million in total and KRW 20 million in borrowed amount by July 31, 2016” to the Plaintiff during the same period.
(hereinafter referred to as “each of the instant notes”) C.
The Defendant borrowed 7.5 million won to the Plaintiff at the interest rate of 2.4% per annum, and as of May 31, 2016, with the maturity of 6.6 million won repaid and the remainder of 1.5 million won and interest were not paid. The Defendant’s loan certificate of this case (“the loan certificate of this case”) stating that “the Plaintiff would have remaining 2.2 million won including the remainder of 1.5 million won and interest after repayment of KRW 6 million from KRW 7.5 million.”
【Preparations. [Ground for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (if available, including branch numbers), the purport of the whole pleadings.
2. Determination
A. According to the above facts finding as to the cause of the claim, barring special circumstances, the Defendant is obligated to pay the Plaintiff the amount of KRW 20 million under each of the instant notes (i.e., consolation money of KRW 15 million + KRW 5 million + KRW 5 million) and damages for delay calculated at the rate of KRW 15 million per annum under the Civil Act from August 1, 2016 to December 29, 2016, which is the day following the date on which the copy of the instant complaint was served, and 5% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day on which the copy of the instant complaint is served, and the damages for delay calculated at the rate of KRW 2.2 million per annum pursuant to the instant loan certificate (i.e., the balance of KRW 1.5 million + interest rate of KRW 700,000) and damages for delay calculated at the rate of 1.5% per annum from December 30, 2016 to the day following the delivery of the instant complaint.
B. As to the Defendant’s assertion, the Defendant raised an objection.