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1. The Defendant’s KRW 3,300,000 as well as 5% per annum from December 31, 2001 to March 3, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 20, 1997, the Plaintiff was issued by the Defendant a letter of confirmation and payment for the cash borrowing and payment (hereinafter “the first loan certificate of this case”) with the purport that the Plaintiff borrowed KRW 45 million to the Defendant by the end of December 20, 1998.
B. On April 30, 2001, the Plaintiff received a repayment of KRW 10 million from the Defendant and then received a re-delivery of the cash loan certificate (hereinafter “the second loan certificate of this case”) to the Defendant with the effect that KRW 35 million is fixed and lent by the due date until December 30, 2001.
C. From May 2, 2011 to May 30, 2012, the Defendant paid to the Plaintiff a total of KRW 1.1 million over 11 times in the name of his father C.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 (the defendant's second loan certificate of this case, the second loan certificate of this case is not the defendant, but the defendant's seal impression is not affixed, so the above document was forged by the plaintiff. However, there is no other evidence to acknowledge it. Rather, according to the entries of No. 4 and the fact-finding results of this court's middle loan 2 community service center, it is reasonable to deem that the defendant prepared the second loan certificate of this case and affixed the defendant's seal impression and delivered them to the plaintiff. Thus, the defendant's above argument is without merit), Gap evidence Nos. 2 through 6 (including the provisional number, hereinafter the same), and the purport of the whole pleadings.
2. Determination
A. According to the above facts of determination as to the cause of claim, it is reasonable to view that the plaintiff lent KRW 45 million to the defendant around July 20, 1997, and received KRW 10 million out of the above money from the defendant around April 30, 2001 and received the repayment period for the remaining loan KRW 35 million as of December 30, 2001, and barring any special circumstance, the defendant is obligated to pay the above loan KRW 35 million to the plaintiff and its delay damages from December 31, 2001 to the date of repayment.
The plaintiff.