1. The Defendant’s KRW 60 million and the Plaintiff’s annual rate from January 1, 2015 to January 29, 2015.

The Plaintiff loaned KRW 60 million to B Co., Ltd. on November 3, 2014; and the Defendant, an operator of the said company at the time, prepared a letter of intent to pay KRW 60 million to the Plaintiff by December 31, 2014, and the fact that the Defendant, as an operator of the said company, did not dispute between the parties or added the purport of the entire pleading in the statement No. 1, it can be acknowledged if there is no counter-proof.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of KRW 60 million and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from January 1, 2015 to January 29, 2015, the delivery date of a copy of the complaint from January 1, 2015, which is the day following the due date for payment, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

[The defendant's individual prepares a letter without knowing that the defendant is liable for the debt of the borrowed loan. As such, the payment agreement stated in each letter is an expression of intent by mistake, so it is alleged that it will be cancelled, but no evidence exists to acknowledge it (the letter "defluence"), and the name of the defendant, not the trade name of the above company, is specified in the letter.

[2] It is so decided as per Disposition by the assent of all participating Justices on the bench.