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The defendant's KRW 40,000,000 and its amount shall be 24% per annum from March 1, 2018 to February 18, 2019 to the plaintiff.
Reasons
1. The name of the creditor of basic facts: A’s name: The amount borrowed from B: 20,000,000 won shall be deposited in cash 20,000 won from the creditor A on December 21, 2016 from the end of each month from December 21, 2016 to the end of each month;
The end date shall be fixed from December 21, 2016 to December 21, 2019.
On December 21, 2016, the Plaintiff and the Defendant prepared a loan certificate (hereinafter “the instant loan certificate”) with the following contents as follows, and the Plaintiff wired KRW 20 million to the account in the Defendant’s name (hereinafter “the money as of December 21, 2016”). (b) On the same day, the Plaintiff additionally remitted KRW 20 million to the account in the Defendant’s name (hereinafter “the money as of April 24, 2017”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion asserts that the defendant is liable to pay the above loan and interest or delay damages to the plaintiff, since the plaintiff remitted to the defendant.
In regard to this, the defendant asserts that each of the above amounts was invested by the plaintiff in C and D through the defendant's account, not by the plaintiff, but by the plaintiff, only in writing a certificate of loan in his own name at the request of C.
B. Determination 1) As to the money as of December 21, 2016, the Plaintiff and the Defendant made the instant loan certificate as seen earlier. Therefore, the existence and content of the Defendant’s declaration of intent to borrow money from the Plaintiff should be recognized in accordance with the language stated in the said loan certificate, unless there is any clear and acceptable proof that denies the entries in the said loan certificate, which is a disposal document (see, e.g., Supreme Court Decision 2015Da256732, Jun. 9, 2016). (See, 2015Da256732, Dec. 21, 2016).