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1. The Defendant’s KRW 47,00,000 as well as 5% per annum from January 1, 2009 to May 21, 2019 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The plaintiff asserts that he/she seeks to pay the loan since he/she lent KRW 47,00,000 to the defendant. On the other hand, the defendant claimed that even though he/she received KRW 27,00,000 from the plaintiff around July 2008, this is an investment in corporation C, which is not a loan to the defendant, and it is not a loan to the defendant, and there was no further borrowing of KRW 20,000 from the plaintiff.
B. In full view of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 and 3, the plaintiff loaned 20,000,000 won to the defendant on Mar. 11, 2008, and 27,000,000 won from Jul. 31, 2008 to Aug. 5, 2008 without due date. The defendant settled interest on Nov. 24, 2008 separately from the plaintiff on Nov. 24, 2008, and paid 20,000,000 won invested in the Daejeon District to the plaintiff on Dec. 15, 2008 (hereinafter "the loan certificate of this case").
Meanwhile, as long as the establishment of a disposal document is recognized as authentic, the court shall recognize the existence and content of the declaration of intent as stated in the disposal document, unless there is any clear and acceptable reflective evidence that denies the contents of the statement (see, e.g., Supreme Court Decision 2002Da6753, Jun. 11, 2002). In light of the above legal principles, it is difficult to recognize that the circumstance that the Defendant remitted the amount of KRW 10,000,000 to C on July 11, 2008, or KRW 10,000,000 on August 1, 2008, unlike the contents of the loan certificate of this case, the Plaintiff’s money paid to C, unlike the contents of the disposal document of this case as stated in the loan certificate of this case, is not an investment amount of KRW 47,00,000,000, or the amount leased to the Defendant, but an amount of KRW 27,000,00.
Therefore, as the Defendant seeks from January 1, 2009 to May 21, 2019, the delivery date of a copy of the instant complaint from January 1, 2009, the Defendant’s total amount of KRW 47,000,000 to the Plaintiff.