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1. The Defendant’s KRW 49,406,457 as well as the Plaintiff’s KRW 20% per annum from July 31, 2015 to September 30, 2015.
Reasons
1. In full view of the overall purport of pleadings in each of the statements in Gap evidence Nos. 1 through 5 (including branch numbers if there are serial numbers; hereinafter the same shall apply) as to the cause of the claim, the defendant borrowed a sum of KRW 49,406,457 from the credit card use price to the plaintiff on February 28, 2015, and prepared and issued five copies of the loan certificate to the effect that the repayment will be made.
Therefore, the Defendant is obligated to pay to the Plaintiff 49,406,457 won based on the above loan certificate and damages for delay calculated at the rate of 20% per annum from July 31, 2015 to September 30, 2015, which is the day following the delivery of a copy of the complaint of this case, and at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Judgment on the defendant's defense, etc.
A. The defendant explained that the loan certificate of this case is merely a formal document to report changes in the property, and the defendant prepared the loan certificate of this case without the intention to repay. The defendant asserts that the declaration of intention of the loan certificate of this case is invalid or void as a false declaration of agreement or deception.
However, as alleged by the defendant, it is not sufficient to recognize that the expression of intention of the loan of this case was the false declaration of intention or the expression of intent due to deception as alleged by the defendant, and there is no other evidence to acknowledge it.
Therefore, the defendant's above assertion is without merit.
B. The Defendant asserts that partial repayment is a common household debt of the Defendant and Nonparty C, the spouse, as the Defendant’s and Nonparty C’s joint debt, and that it should be deducted since C repaid KRW 36,972,111 to the Plaintiff on January 6, 2016. However, the evidence submitted by the Defendant alone is insufficient to acknowledge that C paid the above amount to the Plaintiff.