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1. The Defendant calculated the Plaintiff at the rate of KRW 30,00,000 and the annual rate of KRW 24% from August 5, 2011 to the date of full payment.
Reasons
The fact that the Defendant, on August 5, 201, drafted to the Plaintiff a certificate of borrowing KRW 30 million with a monthly interest of KRW 2% and issued it to the Plaintiff does not conflict between the parties.
The plaintiff asserted that C (former No. D) in the same business relationship with the defendant paid 30 million won by cashier's checks, but the defendant prepared a loan certificate while he/she is responsible for and repaid it, and thus, he/she is obligated to repay the above borrowed money.
In regard to this, the Defendant: (a) transferred part of the down payment of the factory site in the Namyang, which C intended to purchase, to C; and (b) ordered 30 million won, including the said money and its own money, to E by a cashier’s check; (c) however, the Plaintiff should not be aware of the fact that he/she would have known about giving the said money to E; and (d) there was a change in preparing a loan certificate to show it to the wife; (c) so, the Plaintiff only prepared and presented the loan certificate as the Plaintiff did, and thus, did not comply with
In addition to the entry of Gap 2 and witness Eul's witness's testimony, the plaintiff originally invested part of the down payment for the purchase of the factory site to Eul, issued cashier's checks with money including money, and Eul participated in the process of issuing the above cashier's checks, and the plaintiff was in the same business relationship with Eul.
In light of this, C’s testimony that the Defendant, who did not have any relation with the above KRW 30 million upon the request of the wife to show it is difficult to believe that the Defendant prepared and gave a false loan certificate, and it is insufficient to recognize it only with the descriptions of KRW 1 and 2.
Therefore, it is reasonable to view that the Defendant, as above, decided to pay the above 30 million won loan and prepared the loan certificate as above.
Therefore, the defendant is obligated to pay to the plaintiff KRW 30 million and interest and delay damages.