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The defendant paid KRW 237,793,605 to the plaintiff and 15% per annum from November 27, 2018 to May 31, 2019.
Reasons
1. The Plaintiff had continued to engage in monetary transactions with the Defendant, such as lending money several times from around 2005 to around 2009. On September 2, 2010, the Defendant agreed to pay 280,000,000 won in total, excluding the partial repayment, to the Plaintiff by December 30, 2010. The fact that the Plaintiff received dividends of 42,206,395 won from the voluntary auction procedure (U.S. District CourtD) for real estate provided as security thereafter is not disputed between the parties, or that the Plaintiff received dividends of 42,206,395 won from the entire purport of the pleadings.
Therefore, the Defendant is obligated to pay the Plaintiff the principal and interest of KRW 237,793,605 (i.e., KRW 280,00,00 - KRW 42,206,395) and the interest calculated at each rate of 12% per annum under Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from November 27, 2018 to May 31, 2019.
2. Judgment on the defendant's assertion
A. As to the assertion on the preparation of a false loan certificate, the defendant asserts that, as a means of demanding the repayment of the obligation to the plaintiff, the defendant only prepared a loan certificate (Evidence A No. 1) in order to show that he/she bears the obligation to the plaintiff, and that the plaintiff does not actually bear a debt equivalent to the above amount.
In a case where the authenticity of a disposal document is recognized, the existence of a legal act that forms the content of the document should be recognized unless there are any special circumstances to the contrary, even if the existence and content of the expression of intent expressed in the document are clear and acceptable (see, e.g., Supreme Court Decision 2000Da38602, Oct. 13, 200).