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1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from July 1, 2018 to August 30, 2019.
Reasons
1. On November 29, 2017, the Defendant: (a) drafted a loan certificate stating that “the Defendant borrowed a total of KRW 35 million from the Plaintiff; and (b) shall make full repayment by June 30, 2018” (hereinafter “the instant loan certificate”); and (c) the entire content of the instant loan certificate is as shown in the attached Form.
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]
2. According to the facts of the determination as to the cause of the claim, the Defendant agreed to borrow KRW 35 million from the Plaintiff to repay the borrowed amount until June 30, 2018. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of 5% per annum prescribed in the Civil Act from July 1, 2018 to August 30, 2019, which is the day following the due date of payment of the above agreement, and from the next day to the day of full payment, 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. Judgment on the defendant's assertion
A. The summary of the argument 1) The amount borrowed by the defendant from the plaintiff is not KRW 35 million, and there is no evidence to specify the exact amount, and the plaintiff's claim of this case must be dismissed (hereinafter "the first claim").
2) The loan certificate of this case was made by the Plaintiff’s strong pressure and cross-breadth. Thus, the Plaintiff’s claim of this case should be dismissed.
(3) Since the Defendant repaid the amount equivalent to the borrowed money from the Plaintiff, the amount of the repayment must be excluded (hereinafter referred to as “third-party claim”).
B. (1) In a case where the authenticity of a disposal document is recognized, the existence of the content of a legal act must be recognized, barring special circumstances where the existence and content of the expression of intent indicated in the document is evident and acceptable.
Supreme Court Decision 200 delivered on October 13, 200