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1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from July 17, 2015 to July 15, 2016.
Reasons
1. Basic facts
A. On April 16, 2008, the Plaintiff was issued and delivered with a loan certificate (Evidence A 1) stating that “the Defendant borrowed KRW 30 million from the Plaintiff and confirmed at any time, at the request of the Plaintiff, that the Defendant is liable for the repayment thereof.”
B. The above loan certificate has a seal imprint affixed by the defendant, and the certificate of seal impression stating "for the purpose of checking the facts of a vehicle" is attached to the use column.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. The determination of the cause of the claim is examined, and where the content of a contract between the parties to the contract is written in writing, which is a disposal document, the objective meaning given by the parties to the contract according to the contents of the written document, regardless of the parties’ inner intent, should be reasonably interpreted. In this case, if the objective meaning of the text is clear, the existence and content of the expression of intent should be acknowledged, unless there are special circumstances.
(1) In light of the language and text of the loan contract, barring any special circumstance, it is clear that the Plaintiff lent KRW 30 million to the Defendant on April 16, 2008. Thus, barring any special circumstance, the Defendant asserts that the amount actually received is only KRW 25 million, and thus, comprehensively taking account of the health stand, Gap evidence No. 2 and the purport of the oral argument, the Defendant’s statement and the entire argument as to this case’s loan. On April 16, 2008, the following facts can be acknowledged: (a) the Plaintiff stated “the amount of money received” at the end of five million won, which was possessed by the Plaintiff on April 16, 2008, and (b) the Plaintiff delivered the remainder of the loan to the Defendant, and (c) the Plaintiff delivered KRW 5 million to the Defendant.