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1. The Defendant: (a) KRW 1,592,211,118 to the Plaintiff; and (b) KRW 5% per annum from May 16, 2015 to January 29, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On June 1, 2004, the Defendant (name C before the name of the name) prepared and issued a loan certificate stating that KRW 620,000,000 shall be borrowed at 1.5% (18%) per annum to the Plaintiff (hereinafter “the instant loan certificate”).
B. From June 3, 2004 to March 6, 2014, the Defendant remitted each of the money to the Plaintiff, as indicated in the relevant period’s statement of payment of KRW 500,000 per attached Table 50,000 per annum, and the relevant period’s statement of payment, and repaid each of the money to the Plaintiff as KRW 230,983,000 per annum on June 27, 2008, and KRW 50,000,000 on June 30, 2008, and KRW 10,000 on July 4, 2008.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Eul evidence 1-7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to return to the Plaintiff the remaining principal and interest thereon, on the basis of the loan principal of KRW 620,00,000,00 based on the loan principal of this case. The above repayment amount of KRW 230,983,00,00, as stated in the statement on the satisfaction of the obligation as of May 14, 2015, the principal amount of which would be 609,93,196, interest rate of KRW 982,217,922 shall remain as of May 14, 2015.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,592,211,118 (i.e., KRW 609,93,196, KRW 982,217,922) and damages for delay calculated at a rate of 15% per annum under the Civil Act from May 16, 2015, the following day following the delivery of a duplicate of the claim and the application for change of cause, which was made on May 15, 2015, until January 29, 2016, the date of this decision, which is the date of full payment, to the Defendant’s objection to the existence and scope of the obligation.
B. The defendant's assertion (1) The defendant did not borrow KRW 620,000,000 from the plaintiff on June 1, 2004, and the loan certificate of this case is prepared by the plaintiff's husband's coercion and cannot respond to the plaintiff's claim. Thus, the loan certificate of this case is a live and disposal document.