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1. The defendant shall pay to the plaintiff KRW 67,720,000 as well as KRW 40,00,000 among them, from May 30, 2017 to the day of full payment.
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, the defendant shall pay interest of 2% per month from the plaintiff on September 23, 2009, borrowed 40,000,000 won, and paid part of this funds, and borrowed 27,20,000,000 won from the plaintiff on May 30, 2017, and the plaintiff borrowed 27,20,000,000 won for interest unpaid, and 67,20,000,000 won for interest payable until June 30, 2017, and the above money shall be repaid within two years. The loan certificate No. 2,00,000 won, hereinafter referred to as "the loan certificate of this case").
may be recognized as having been prepared and delivered.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff interest of KRW 67,200,000 as well as interest of KRW 40,000 as principal and interest and delay damages.
B. In addition, on February 16, 2012, the Plaintiff claimed for KRW 10,000,000 and delay damages from the Defendant, but the Plaintiff leased money on February 16, 2012 only with the descriptions in subparagraphs 3-1 and 2 of the evidence No. 3-1 and 2.
It is insufficient to recognize that the borrower of the money loaned by the Plaintiff is the defendant, and there is no other proof, so the plaintiff's claim for this part cannot be accepted.
2. The defendant's defense is without strong pressure and intimidation of the plaintiff, and there is no evidence to acknowledge that the defendant prepared and delivered the loan certificate of this case.
3. Therefore, the Defendant is obligated to pay the Plaintiff the interest or delay damages of 15% per annum on the Plaintiff’s principal and interest of KRW 67,200,000 and KRW 40,000 among the principal and interest, within the scope of the agreed interest rate from May 30, 2017 to the date of full payment, which is the date of drawing up the loan certificate of this case. Thus, the Plaintiff’s claim is accepted within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.