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1. The Defendant’s KRW 50,813,698 as well as the Plaintiff’s annual rate from May 8, 2019 to October 16, 2019, and the following.
Reasons
1. According to the overall purport of Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1-1, each of the statements and arguments as to the cause of the claim, the plaintiff continued to engage in monetary transactions with the defendant from January 18, 2018 to December 18, 2018, and the defendant prepared a cash custody certificate with the purport that the plaintiff will pay 5 million won to the plaintiff by May 30, 2019.
According to the above facts of recognition, the defendant is obligated to pay the above 5 million won and damages for delay to the plaintiff, except in extenuating circumstances.
2. The defendant's argument on the defendant's assertion argues that the cash custody certificate (No. 1) is not known and signed by the defendant, and that the defendant's repayment to the plaintiff is more than the amount borrowed from the plaintiff at the time of preparation of the cash custody certificate, so the plaintiff's claim cannot be complied with.
According to the statement in Eul evidence No. 1-2, the defendant could only recognize the fact that he remitted KRW 5 million to the plaintiff on May 7, 2019, and the evidence submitted by the defendant alone was forged.
It is difficult to recognize that the defendant paid money exceeding the above five million won after the issuance of the above cash custody certificate, and there is no other evidence to acknowledge it.
3. Meanwhile, on the other hand, the Defendant’s payment of the damages for delay is appropriated from the damages for delay, and the damages for delay calculated by the rate of 5% per annum from January 20, 2019 to May 7, 2019, as the Plaintiff seeks, from January 20, 2019 to May 7, 2019, are KRW 813,698 won x 55 million x 5% x 108/365 (108 days from January 20, 2019 to May 7, 2019). Thus, the deduction from the amount of KRW 5 million is KRW 4,186,302 if it is deducted from the amount of KRW 5 million.
Ultimately, the Defendant’s aforementioned KRW 50,813,698 and its related costs to the Plaintiff, which is deemed reasonable for the Defendant to resist as to the existence or scope of the obligation, from May 8, 2019, pursuant to the Civil Act, until October 16, 2019, the sentencing date of the instant case, 5% per annum as stipulated in the Civil Act.