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1. As to KRW 446,50,000 among the Plaintiff and KRW 425,500,000, the Defendant shall be annually from April 4, 2011 to November 11, 2014.
Reasons
1. The parties' assertion
A. On October 20, 2008, the Plaintiff loaned a total of KRW 4,46,500,000 to the Defendant on 31 occasions, as shown in the attached Table, including a loan extended at 15% per annum, 15% per annum, 1 December 1, 2013, and 30% per annum.
Therefore, the defendant is obligated to pay to the plaintiff the above loan amounting to KRW 446.5 million and interest or delay damages.
B. The Defendant merely borrowed KRW 21 million in total from the Plaintiff’s loan details Nos. 12 through 31, and thus, the Defendant cannot respond to the Plaintiff’s request.
2. In a case where the authenticity of an adjudication document is recognized, the existence of a juristic act in its content must be recognized, barring special circumstances where the existence and content of the declaration of intent indicated in the document can be denied, unless there are clear and acceptable circumstances.
(see, e.g., Supreme Court Decision 2000Da38602, Oct. 13, 2000). Evidence No. 1-1 through 11, and Evidence No. 6 (Defendant shall provide each of the instant loan certificates (see, e.g., Supreme Court Decision 200Da38602, Oct. 13, 200).
(3) A’s certificate No. 6 (a re-verification receipt of the principal of the tea certificate, hereinafter “instant receipt”).
Although it is alleged to the effect that it was forged due to the lack of signature or seal affixed, the following circumstances, which are acknowledged as a whole by considering the results of the fact inquiry into the Seoul Mapo Police Station of this Court, namely, ① in the case where the Plaintiff filed a complaint against the Defendant on the charge of fraud against the total amount of KRW 44350,500,000,00,000, the original of the receipt of this case was confirmed to be fit for the Defendant. ② The receipt of this case is confirmed to be the date of borrowing the previous loan certificate, the due date of repayment, and the principal of the borrowed amount as stated in each of the loan certificates of this case.