1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from November 10, 2016 to the date of full payment.

1. On August 23, 2012, the Defendant: (a) borrowed KRW 50 million from the Plaintiff; and (b) prepared a written confirmation of borrowing with the intent to repay the said amount until December 30, 2015, and delivered it to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 evidence, purport of whole pleadings

2. Determination as to the cause of action

(a) The court shall recognize the existence and contents of an expression of intent as stated in the statement, unless there is any counter-proof as clear and acceptable to deny the contents of the statement, so long as the content of the disposition document is recognized as being genuine.

(see, e.g., Supreme Court Decision 93Da5456, Oct. 11, 1994). Therefore, in this case, barring any special circumstance, it shall be deemed that the obligation to borrow the borrowed amount was established as indicated in the loan certificate.

B. As to this, the defendant asserts that the above loan certificate is merely a form of preparation without any monetary transaction and thus has no legal effect.

However, in the instant case where there is no reflective evidence supporting the Defendant’s assertion, the Defendant’s argument alone cannot reverse the content of the letter of loan (Evidence A1) as the instant disposition document.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50 million borrowed and the damages for delay calculated at the rate of 15% per annum from November 10, 2016 to the day of full payment after the delivery of the original copy of the instant payment order, as stated in the letter of borrowing.

3. citing the Plaintiff’s claim for conclusion