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1. The Defendant shall pay to the Plaintiff KRW 49,180,600 and the interest rate of KRW 15% per annum from September 10, 2016 to the day of complete payment.
Reasons
1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 9 (including a serial number, hereinafter the same shall apply) as to the cause of the claim, the Defendant agreed to borrow KRW 50,000,000 from the Plaintiff on May 19, 2013, and to repay the same on June 26, 2013 (the Defendant prepared and gave the same loan certificate on the same day).
Therefore, as the Plaintiff seeks, the Defendant is obligated to pay 49,180,600 won out of 50,000,000 won and damages for delay calculated at the rate of 15% per annum from September 10, 2016 to the day of full payment, which is the day following the day when the application for modification of the purport of the instant claim and the cause of the claim was served on the Defendant, as sought by the Plaintiff.
2. Judgment on the defendant's assertion
A. The Defendant, on May 19, 2013, prepared a loan certificate with the same content as the prior approval on May 19, 2013. However, the Defendant asserts that there is no money to be repaid since the Plaintiff did not actually lend money.
B. As long as the formation of a disposal document is recognized as authentic, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof to deny the contents of the statement.
C. Although there is no dispute between the Plaintiff and the Defendant that the full amount of KRW 50,00,000 on May 19, 2013, in which the loan certificate was prepared, was transferred directly to the Defendant, the Plaintiff cannot deny the content stated in the loan certificate, which is a disposal document.
In addition to the descriptions in Section B(1) to 23, the contents of the above loan certificate can not be followed.
Rather, comprehensively taking account of the overall purport of the arguments in the statement Nos. 1 through 9, the Plaintiff transferred KRW 1,000,000 to the Defendant’s account according to the Defendant’s words, such as lending money necessary for litigation costs on April 10, 2013.