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1. The Defendant’s KRW 43,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 15, 2019 to September 4, 2019, and thereafter.
Reasons
1. Determination as to the cause of claim
A. The purport of the Plaintiff’s assertion is to lend KRW 44,370,00 to the Defendant several times. The Defendant is obligated to pay the Plaintiff the above loan amount of KRW 44,370,000 and delay damages.
B. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 and 2-1 to 6, the plaintiff: (i) made a loan certificate stating that the defendant borrowed 2,00,000 won until December 18, 2001; (ii) made a loan certificate stating that the defendant borrowed 3,000,000 won on January 9, 200; (iii) made a loan certificate stating that the defendant borrowed 1, 2000 won on March 21, 200; and (iv) made a loan certificate stating that the defendant lent 3,000 won on April 23, 200; and (v) made a loan certificate stating that the defendant lent 3,000 won on April 20, 200; and (v) made a loan certificate demanding the defendant to repay 1, 200,000 won on March 20, 2005.
(A) It is insufficient to recognize that the Plaintiff lent KRW 44,370,000 in excess of the total amount indicated in the loan certificate, and there is no other evidence to prove otherwise). Therefore, the Defendant’s defense as to the existence and scope of the obligation from June 15, 2019, following the service of the original copy of the instant payment order, as to the loan amount of KRW 43,000,000, which was not repaid to the Plaintiff.