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1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and against this, from June 23, 2018 to May 31, 2019.
Reasons
1. Facts of recognition;
A. On April 9, 2014, the Plaintiff withdrawn the amount of KRW 20 million from the D Association account in the name of ASEAN (hereinafter “instant loan”) and lent it to the Defendant.
B. When the Defendant had the Plaintiff urged the repayment of the instant loan, on April 7, 2015, the Defendant prepared a loan certificate to the effect that “the instant loan was borrowed from the Plaintiff” (hereinafter “the instant loan certificate”).
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire argument [the defendant has a relationship between the plaintiff and the defendant, but the plaintiff had no choice but to make the loan certificate of this case by threatening the defendant's family members to know such facts. Thus, although the loan certificate of this case was made by the plaintiff's coercion, it is not effective since the loan certificate of this case was made by the plaintiff's coercion, it is insufficient to acknowledge the defendant's assertion as above, and there is no other evidence to acknowledge it. Accordingly, the defendant's above assertion cannot be accepted]
2. According to the above facts of recognition as to the claim of the principal lawsuit, the Defendant is obligated to pay to the Plaintiff the amount of KRW 20 million and delay damages calculated at a rate of 12% per annum under the provisions of Article 3(1) of the 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 June 23, 2018 to May 31, 2019, as the Plaintiff seeks from June 23, 2018 to the date following the delivery date of a copy of the complaint of this case, and from the following day to the date of full payment.
Even after June 1, 2019, the Plaintiff sought payment of damages for delay calculated at the rate of 15% per annum. However, the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings are prescribed by Presidential Decree on May 21, 2019.