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The defendant shall pay 50 million won to the plaintiff and 12% per annum from June 13, 2020 to the day of complete payment.
Reasons
On January 22, 2019, the Defendant borrowed KRW 50 million, prepared a loan certificate stating that the due date is January 25, 2019 and delivered it to the Plaintiff on January 25, 2019, and the facts attached with a certificate of the personal seal impression issued by the Defendant himself/herself on the same date may be recognized in accordance with the respective statements in subparagraphs A and 2.
If the authenticity of a disposal document is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document unless there is any clear and acceptable counter-proof that the content of the statement is denied (see, e.g., Supreme Court Decision 2004Da67264, 67271, May 13, 2005). According to the above recognition, it is reasonable to deem that the defendant borrowed KRW 50 million from the plaintiff, and therefore, the plaintiff is liable to pay 50 million won and damages for delay.
As to this, the defendant lent money to the owner of rights and interests who is not the defendant, and the defendant merely introduced the plaintiff to the owner of rights and interests, but the defendant's argument alone is insufficient to recognize the above facts, and there is no other evidence to acknowledge this.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from June 13, 2020 to the day of full payment, which is the day following the delivery date of a copy of the application for the instant payment order, as the repayment date, as requested by the Plaintiff, from June 13 to the day of full payment.