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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the purport of all the arguments, the defendant is obligated to pay to the plaintiff 100 million won and 2% interest per annum from the plaintiff on March 6, 2017, and to pay to the plaintiff 12% interest per annum from March 5, 2018. Barring special circumstances, the defendant is obligated to pay to the plaintiff 10 million won and its interest per annum from March 6, 2017 to March 5, 2018, the maturity date from March 6, 2017 to September 9, 2019, the delivery date of the copy of the complaint of this case, 6% per annum under the Commercial Act from the next day to September 9, 2019, and 12% per annum from the next day to the date of full payment.
2. Determination on the Defendant’s assertion
A. The defendant asserts that C, referred to as the plaintiff's representative, paid KRW 100 million, without compensation, in the name of compensation or in the name of business subsidies, etc. incurred by the defendant while doing business, and the monetary loan agreement (hereinafter referred to as "money loan agreement of this case") is merely a form of preparation.
According to the evidence Nos. 2 and 3, it is recognized that C used and operated the Plaintiff’s position as the Chairperson, and sent a mobile phone message to the Defendant to the effect that “I will not use the funds for which I would like to do so.” around May 31, 2017.
However, if a disposal document is deemed to be authentic, the existence and content of the declaration of intent should be recognized according to its contents unless there is any reflective proof, and it cannot be rejected without any justifiable reason (see, e.g., Supreme Court Decision 82Meu413, Dec. 14, 1982). In light of the evidence No. 3, the above recognition alone is insufficient to dismiss the content of the instant monetary loan agreement, which is a disposal document, and to acknowledge the Defendant’s assertion, and there is no other evidence to acknowledge it. Thus, the above assertion by the Defendant is without merit.
B. The defendant is an injury to the defendant.