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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion: (a) on August 24, 2012, the Defendant borrowed KRW 200 million from the Plaintiff as of September 17, 2012; and (b) on February 6, 2013, repaid a total of KRW 86 million until February 6, 2013; and (c) on March 25, 2013, the remainder of KRW 14 million shall be repaid until March 25, 2013; and (d) upon the occurrence of the violation, the Defendant is obliged to pay the Plaintiff the loan or the agreed amount of KRW 114 million and damages for delay at the rate of KRW 25 percent per annum.
B. As long as the authenticity of the judgment document is recognized, the court should recognize the existence and content of the declaration of intent as stated, unless there is any clear and acceptable counter-proof that denies the content of the statement.
(1) In light of the purport of the entire pleadings, the Defendant: (a) borrowed KRW 200,00,000 from the Plaintiff on August 24, 2012; and (b) prepared and delivered to the Plaintiff a loan certificate stating that the repayment date shall be September 17, 2012 (hereinafter “the loan certificate as of August 24, 2012”); and (c) thereafter, the Defendant prepared and delivered the loan certificate as of February 6, 2013 to the Plaintiff; (d) prepared the loan certificate as of February 25, 2013 to deliver the loan certificate as of February 25, 2013 to the Plaintiff; and (e) thereafter, the Defendant prepared the loan certificate as of February 6, 2013 to deliver the loan certificate as of March 25, 2013 to the Plaintiff; and (e) prepared the loan certificate as of February 24, 2013 to the effect that the loan certificate as of March 25, 2013 can be returned to the Plaintiff.
According to the above facts of recognition, the defendant, barring special circumstances, applies to the plaintiff at the rate of 25% per annum, which is the agreement between March 26, 2013 and the day following the due date of repayment and the day following the due date of repayment, within the range of interest limit law.