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1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 24% per annum from February 1, 2012 to the day of full payment.
Reasons
In addition to each statement in Gap evidence Nos. 1 through 3, the Plaintiff’s interest rate of 10 million won to the Defendant on November 5, 2010 shall be 2% per month, and interest shall be paid retroactively from July 201.
The plaintiff is a person who has been paid 20 million won in total as interest on the above loan.
According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff interest calculated at the rate of 24% per annum from July 1, 2012 to the date of full payment, as sought by the Plaintiff, as the period when the Plaintiff was paid 100 million won and interest thereon to the Plaintiff, except in extenuating circumstances.
The defendant asserts that his debt was exempted since he lent the above money from the plaintiff to C and D and the above persons agreed to pay the above money to the plaintiff, and the above loan was unrelated to himself and the plaintiff was written a written confirmation of payment from C and D after then, so his debt was exempted.
However, according to the above evidence, it is recognized that the Defendant signed and sealed the borrowed contract (Evidence A1).
As long as 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 content of the document, unless there is any clear and acceptable counter-proof that denies the content of the statement (see Supreme Court Decision 88Da22169, Jun. 26, 199). The Defendant did not otherwise submit counter-proof.
Therefore, regardless of who used the above money, the defendant, who is the author of the above loan certificate, is obligated to pay the above loan to the plaintiff as stated.
Therefore, this part of the Defendant’s assertion is difficult to accept.
Next, the entry of the evidence No. 3 and the Plaintiff received a payment certificate from C and D separately even if they were to receive the above loan certificate from the Defendant.