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1. An appeal by the Plaintiff (Counterclaim Defendant) and the incidental appeal by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff) were added in the first instance.
Reasons
1. Determination as to the main claim
A. (1) Determination on the cause of the claim 1) The Plaintiff each lent each of the loans of KRW 50,000,000 to the Defendant, KRW 20,000 on December 31, 2004, and KRW 60,000 on March 10, 2005 (hereinafter each of the above loans is referred to as “the instant loans”).
(2) The Plaintiff is obligated to pay a total of KRW 110,00,000 and delay damages for the loan, barring any special circumstance. 2) Meanwhile, the Plaintiff asserts that at the time of the instant loan, the Defendant agreed to pay interest at 2% per month on the instant loan.
However, in light of the following circumstances acknowledged by comprehensively considering the statement No. 10 and the testimony of the first instance court witness C, the authenticity of “interest No. 1-1 and No. 2” as stated in the evidence No. 1-2 cannot be recognized, and other facts are insufficient to acknowledge that the Defendant agreed to pay interest at the rate of 2% per month on the instant loan, and there is no other evidence to acknowledge it.
Therefore, the Plaintiff’s above assertion regarding interest agreement cannot be accepted. (A) The Plaintiff maintained a de facto marital relationship with the Defendant from October 2004 to October 2013. (B) Each loan certificate (Evidence A 1-2) written between the Plaintiff and the Defendant contains the phrase “interest No. 1-2,” and the Defendant’s seal is affixed thereon.
However, in each of the above loans, the penology of “interest two copies” is different from the penology of the remaining parts in appearance.
C) On December 31, 2004, the Defendant’s female life C entered the loan certificate (No. 1-1 of the certificate No. 1-1, stating that “if the borrower is unable to repay, the guarantor will be repaid,” and affixed C’s seal.
The Defendant stated the above loan certificate as “the payment box simultaneously with the E Compensation” and affixed the seal of the Defendant.
The phrase “interest double” is written at the time of the drawing up of the above loan certificate.