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1. The Defendant’s KRW 35,00,000 as well as annual 5% from November 29, 2019 to September 10, 2020 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff loaned a total of KRW 35,000,000 to the Defendant on February 15, 2019 as KRW 5,00,000 after four months; KRW 20,000 as of October 12, 2019; and KRW 10,000,000 as of May 14, 2019; and KRW 35,000,000 as of July 14, 2019; and the Defendant led the Plaintiff to a confession of KRW 35,00,00,000 from the Plaintiff on the third date for pleading; however, there is no evidence to the effect that the confession was void due to partial revocation of the loan. However, there is no evidence to the effect that the confession was void.
Gap evidence Nos. 5, 6, 7, and 7, Eul evidence Nos. 7, 8, and 9 may be recognized by adding the whole purport of the pleadings.
B. In addition to the above KRW 25,000,000, the Plaintiff sought the return of KRW 60,000,000,000,000, and as evidence corresponding thereto, there exists a certificate of borrowing on March 8, 2017 (Evidence A 2-1, hereinafter “the instant certificate”). However, even according to the Plaintiff’s assertion, the instant certificate of borrowing was written by stating the amount exceeding the actual amount of debt as the borrowed amount for the purpose of securing the Defendant’s obligation, and thus, it cannot be deemed that the Plaintiff additionally lent KRW 25,00,000 to the Defendant, and there is no other evidence to acknowledge the fact of additional monetary lending.
C. Therefore, barring any special circumstance, the Defendant shall pay to the Plaintiff interest at a rate of 35,00,000 per annum from November 29, 2019, which is the day following the delivery date of a copy of the complaint of this case, to September 10, 2020, which is the date of the decision of this case, to the day of the decision of this case, that the Defendant’s defense as to the existence and scope of the obligation is reasonable, and the interest at a rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of the full payment.