beta
Text
1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 24% per annum from September 1, 2018 to the day of complete payment.
Reasons
1. Basic facts
A. On August 2, 2018, the Defendant prepared a loan certificate with the following content (hereinafter “instant loan certificate”) and delivered it to the Plaintiff.
I agree to pay the interest of 5% per annum on the last day of each month with the interest of 5% (Won 50,000,000) above to the creditor. The due date shall be December 31, 2022 and the full amount of the loan shall be repaid at the end of each month. If the interest is in arrears or fails to be paid by the due date, I agree to pay the interest at the rate of 25% per annum from the due date to the due date of arrears without the notification of the creditor.
This content will not raise any objection even if a civil or criminal lawsuit is filed.
B. The Defendant did not pay 5% interest per annum on the loan certificate of this case.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. The plaintiff asserted that the plaintiff, while teaching with the defendant, lent money from time to time at the request of the defendant, and that the defendant agreed to pay the total amount of KRW 50,000,000,000 to prepare and provided the loan certificate of this case.
In this regard, the Defendant asserted that, in order to resolve the combustibility between the Plaintiff and prevent the association, the Defendant determined the amount of the loan as required by the Plaintiff, including all the apartment bonds, household bills, household expenses, travel expenses, and the money paid as the living expenses, etc. residing together with the Plaintiff, and did not borrow money exceeding KRW 5,00,000 from the Plaintiff.
B. As long as the establishment of a disposition document is recognized as authentic, the court must recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is clear and acceptable counter-proof to deny the contents of the statement.
A juristic act between the parties;