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1. The Defendant’s KRW 200,000,000 as well as 12% per annum from June 11, 2016 to December 6, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 9, 2015, the Plaintiff withdrawn KRW 200,000 from the new bank account under the Plaintiff’s name.
B. On February 10, 2015, the Defendant: (a) drafted and rendered to the Plaintiff a “certificate of rent and a written agreement on the payment of interest (Evidence A; hereinafter “the loan certificate of this case”) with the content that “20,000,000 won shall be paid in borrowed money, and interest shall be paid at 12% per annum (1%); and (b) the payment of interest shall be made in 10% per annum. When the Defendant fails to pay interest for at least one month, he/she shall immediately lose the benefit of the time, and no objection shall be raised even if he/she is immediately given legal measures with respect to the principal and interest.”
[Ground of recognition] Gap evidence 1 and 2 of this case (the defendant asserted that the plaintiff's person who affixed the defendant's seal on the evidence No. 1 of this case (the plaintiff's seal on the evidence No. 1 of this case) is the plaintiff's wife C and the authenticity of this case is disputed, on the other hand, "the plaintiff created the loan certificate of this case at the C's request or the seal was affixed to Eul, and the defendant was also the defendant at the time when C affixed the seal
As stated above, the loan certificate of this case is prepared on the basis of the defendant's own will and its authenticity is recognized.
each entry, the purport of the whole pleading
2. The parties' assertion
A. On February 9, 2015, the Plaintiff asserted that: (a) lent KRW 200,000,000 per annum to the Defendant by issuing two copies of a cashier’s check at par value of KRW 100,000,000 (hereinafter “the instant money”); (b) agreed to be paid 12% interest per annum on the 10th day of each month; and (c) the Defendant did not pay interest from June 11, 2016; and (d) the Defendant is obliged to pay the instant money to the Plaintiff the agreed interest and delay damages from June 11, 2016.
B. The Defendant’s assertion was merely based on the Plaintiff’s request by the Plaintiff’s wife C, and did not actually borrow the instant money from the Plaintiff.
3. Determination as to the cause of action
(a) A disposal document shall be authentic of its formation;