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1. The Defendant’s KRW 52,671,905 as well as the Plaintiff’s annual rate of 5% from March 1, 2017 to December 24, 2020, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff lent several borrowed money to the Defendant on November 4, 2013, and the Defendant respectively drafted a loan certificate with the loan amount of KRW 30,000,000, due date set as of June 30, 2014, the loan certificate of KRW 10,000,000 and due date set as of November 16, 2013, and the loan certificate of February 16, 2014.
B. Since then, the Plaintiff and the Defendant made additional monetary transactions, and the Defendant prepared and delivered a cash custody certificate of KRW 70,000,000 to the Plaintiff on March 13, 2014. The said cash custody certificate received KRW 70,000,000 on March 13, 2014, and prepared and signed a certificate to clarify the receipt.
‘The' includes the contents.
4,00,00 won on May 14, 2014 1, 200 1,00,000 won on May 29, 2014; 3,000 won on June 5, 2014; 5,00,000 won on April 16, 2015; 6,00,00 won on May 19, 2015; 0. 0,000,00 won on June 15, 2015; 1,000,00,000 won on June 1, 2015; 1,00,00,00 won; 1,00,000 won on July 428, 200, 2005; 1,000 won on August 16, 2015; 1, 2000,000 won on August 16, 2015;
C. Since then, the Defendant remitted KRW 17,528,095 to the Plaintiff as listed below, and received KRW 200,000 on July 9, 2015, and received KRW 17,328,095 ( KRW 17,528,095 - 200,000).
The cash custody certificate of KRW 70,000,000 was appropriated for the principal claim.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 4 (including paper numbers) and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay the Plaintiff the unpaid loan amount of KRW 52,671,905 (the loan amount of KRW 70,000,000 - KRW 17,328,095) and the interest rate of KRW 5% per annum under the Civil Act from March 1, 2017 to December 24, 2020, which is the date the instant judgment is rendered, and the damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date the payment is fully made.
B. The defendant against this.