beta
Text
1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from December 1, 2014 to July 7, 2017.
Reasons
1. On November 15, 2013, the Defendant borrowed KRW 50,000,000 as the other party to the Plaintiff and pays it until November 30, 2014.
“The loan certificate of this case (hereinafter referred to as “the loan certificate of this case”) shall not be disputed between the parties, or shall be recognized by the statement in Gap’s No. 1.
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50,00,000,000 and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the date following the due date to July 7, 2017, which appears to be the delivery date of the original copy of the instant payment order, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
B. The Defendant’s assertion and its determination 1) The Defendant’s assertion that the loan certificate was prepared and issued to C is signed and signed on the loan certificate prepared by C, and therefore there is no relation with the Plaintiff. However, even if the Defendant signed and signed on the loan certificate prepared by C as alleged by the Defendant, as long as the Defendant signed the loan certificate of this case with the Plaintiff as the Plaintiff as the other party, the Defendant’s argument is without merit, and thus, the Defendant’s assertion is without merit. 2) The Defendant’s assertion that the amount received as the rebates is a conditional change of the gas station and is merely received as rebates, but is not the amount of the loan. However, there is no evidence to acknowledge this, there is no evidence to prove that it is not the amount of the loan (this is so long as a quasi-loan contract was established between the Plaintiff and the Defendant for the purpose of a loan for consumption with the Plaintiff’s counterpart, as long as the loan certificate was established, the Defendant’s obligation under the loan certificate bears the obligation of the Defendant).
3. False indication of conspiracy.