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1. The Defendant’s KRW 50,000,000 and its amount annually from January 1, 2015 to October 21, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant prepared and provided each of the following documents to the Plaintiff.
1) On February 4, 2016, 2016, a cash storage certificate 200 million won, stating that “I will confirm to pay the full amount by December 31, 2014,” shall be paid up to May 23, 2016: Provided, That interest shall be paid up to 4% per annum from January 1, 2016 to 14%. The Seocho-gu 301 Housing shall be paid at once. The Si which fails to implement the promise shall immediately execute the provisional attachment of the Seocho-gu 301 Housing.” (hereinafter referred to as “the instant letter 1”) on February 12, 2016, the Seocho-gu 2000 won shall be paid up to May 23, 2016 (hereinafter referred to as “I shall be subject to the seizure of Seocho-gu 14% interest from May 23, 2016).
[Ground of recognition] Gap evidence 1 (cash storage certificate, and the defendant's seal image part) is presumed to have established the authenticity of the entire document due to the lack of dispute.
Although the defendant asserts that the plaintiff arbitrarily affixed the defendant's seal, there is no evidence to acknowledge it.
A. Each entry of evidence Nos. 2 and 3, and the purport of the whole pleadings.
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50,000,000 and damages for delay at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which was served on the Defendant from January 1, 2015 to October 21, 2016, a copy of the instant complaint was served on the Defendant.
B. As to the judgment on the Defendant’s assertion 1, the Plaintiff: (a) paid the remainder of the Defendant’s partial repayment of KRW 100 million invested in D Co., Ltd. run by the Defendant at the time; and (b) made and confirmed each of the instant notes; (c) 50 million won was not the depositee; and (d) made and confirmed each of the instant notes.