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1. The Defendant’s KRW 100,000,000 per annum for the Plaintiff and six percent per annum from May 1, 2016 to January 25, 2017.
Reasons
1. Facts of recognition;
A. On March 5, 2013, the Defendant prepared and rendered to the Plaintiff a loan certificate with the following content:
(hereinafter “this case’s loan certificate”). The Defendant borrowed KRW 100 million from the Plaintiff as the company’s operating fund and the return shall be repaid by the 30th day of the following month (one month) after three years from the date of deposit.
B. On March 11, 2013, the Plaintiff remitted KRW 100,000 to the Plaintiff.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 2 and 3, purport of the whole pleadings]
2. Determination
A. 1) As long as the authenticity of a disposal document is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the content of the document (see, e.g., Supreme Court Decision 2010Da56616, Nov. 11, 2010). (2) According to the above facts admitted, the Defendant is obligated to pay to the Plaintiff damages for delay at the annual rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 1, 2016, which is the day following the day when three years have elapsed since the date when the payment was made) stipulated in the loan certificate of this case, to the Plaintiff (30 days after the date when the payment was made).
(3) The Plaintiff asserts that the Plaintiff was a merchant at the time of the preparation of the instant loan certificate, and that the Defendant was entitled to claim legal interest under the Commercial Act from the day following the date of lease pursuant to Article 55 of the Commercial Act, as the Defendant’s act of borrowing operating funds constitutes commercial activity.
In order to become a merchant, commercial activities shall be conducted on his/her own name, and in cases where a commercial employee engages in commercial activities for a business owner, only the proprietor shall be the merchant.
Gap 1, .