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1. The Defendant’s KRW 50,000,000 and its ratio shall be 20% per annum from January 3, 2015 to the date of full payment.
Reasons
1. The following facts do not conflict between the Parties:
On September 8, 2005, the Defendant, as the Plaintiff, issued a promissory note in Seoul with the face value of KRW 50 million, the due date for payment, the place of issue and the place of payment, and the place of payment. As to the said promissory note, a notary public, as to the said promissory note, drafted a authentic deed of a promissory note stating the purport that “I do not raise any objection even if I are subject to compulsory execution against the holder of the said note.”
B. The Defendant paid to the Plaintiff KRW 32.5 million on May 1, 2006, KRW 20 million on November 2, 2006, and KRW 10 million on August 20, 2007.
2. Determination:
A. The purport of the parties' assertion was from November 19, 2003 to September 1, 2004, the Plaintiff lent approximately KRW 50 million to the Defendant (hereinafter "the first loan") and received a cash custody certificate (Evidence A2). Separately, the Defendant demanded to lend a business loan, received the said promissory note notarial deed (Evidence A) as a collateral, and lent approximately KRW 50 million over November 5, 2005 through November 25, 2007 (hereinafter "the second loan"). The Defendant asserted that he did not pay the remainder of the loan except for the repayment of KRW 32.5 million in relation to the first loan.
① The Defendant did not borrow KRW 100 million from the Plaintiff, but borrowed only KRW 50 million in relation to the business of women’s chip stores in the middle of September 2004. The Defendant, as alleged by the Plaintiff, borrowed the said KRW 50 million from the said KRW 50 million and issued a cash custody certificate, instead of stating a separate loan. The Defendant’s cash storage certificate and promissory notes with the said KRW 50 million and issued a notarized promissory notes with the face value of KRW 50 million. The Defendant merely borrowed KRW 32.5 million from the Plaintiff’s account.