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1. The defendant shall pay to the plaintiff KRW 55,907,877 and the amount of KRW 39,138,482 from February 8, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. From around May 2014, the Plaintiff agreed to lend money to the Defendant as indicated in the following lending statement to receive interest at 5% per month. On May 11, 2016, the Plaintiff and the Defendant agreed to settle the loan in the past with the Defendant, and the Defendant borrowed KRW 39,300,000 from the Plaintiff, and the Defendant will have the same repaid until May 11, 2017.”
In light of the fact that the Defendant only prepared a loan certificate by coercion after the Plaintiff’s confinement of himself and verbal abuse, and that the amount actually loaned from the Plaintiff is about KRW 20,00,00,000, the Plaintiff asserted that the loan to the Defendant was KRW 39,30,000 based on the books prepared for a long time, and the Defendant also stated the settlement of the loan in the Plaintiff’s account book at the time, and appears to have credibility of the Plaintiff’s assertion. On the other hand, the Defendant did not assert any assertion about the details of the loan actually borrowed from the Plaintiff and there is no evidence to prove that the Defendant had been forced to prepare the loan certificate by coercion. In light of the above, it is recognized as the fact of loan as alleged by the Plaintiff.
- Details of lease - Date 5,00,000 on February 9, 2014 - 2, 200,000 on February 27, 2014; 3,000,00 on June 5, 2014; 5, 200 on June 3, 200,00 on September 3, 200 on September 18, 2014; 6.3,00,00 on June 3, 200, 00 on June 3, 200, 200 on June 3, 200, 200 on June 3, 2014; 16.0,000 on June 3, 200, 200; 7,00 on November 3, 17, 200,000; 13,000 on May 16, 2010;
B. The Defendant repaid to the Plaintiff the money as indicated in the following list of reimbursement.
- Detailed statement of performance - The amount of temporary amount of 50,00 on April 13, 2015 - The amount of 50,000 on May 12, 2015 2, 200 on May 12, 2015 - 40,00 on April 4, 2015 490,00 on July 490, 200 on July 8, 2015 5, 490,000 on August 490, 200 on October 250, 200, 2007 on October 240, 200, 200 on December 31, 200, 200, 2000, 300, 9, 10,000 on July 14, 2016;