Text
1. The Defendant’s KRW 170,000,000 for the Plaintiff and 18% per annum from March 12, 2003 to July 1, 2014.
Reasons
1. On March 30, 2005, the defendant prepared a loan certificate stating that "the defendant borrowed 170 million won from the plaintiff on March 11, 2003 at an interest rate of 15% per annum per month." Accordingly, the defendant shall refer the principal and interest to the plaintiff from the borrowing date until December 30, 2009, and issued it to the plaintiff."
[Ground of recognition] Gap evidence No. 1 (the fact that the following stamp image of the defendant's trade name is based on the defendant's seal is based on the defendant's seal, since there is no dispute between the parties, it shall be confirmed that the stamp image has been affixed according to the defendant's intention, and the authenticity of the whole document
2. In a case where a contractual party prepares in writing a certain content of a contract as a disposal document, if the objective meaning of the text is clear, barring special circumstances, the existence and content of the declaration of intent should be recognized. In particular, in a case where a significant impact on the legal relationship between the parties by interpreting differently from the objective meaning of the text, the more strict interpretation of the text should be made
(1) In light of the above legal principles, the loan interest rate shall be set at 15% per month, while the loan interest rate shall be set at 15% per month is contrary to common sense. The plaintiff also claims for the payment of damages for delay calculated at 18% per annum (1.5% per month x 12 months) on the premise that the above statement appears to be a clerical error of 1.5% per annum, considering that the plaintiff's payment of damages for delay calculated at 18% per annum, it is reasonable to deem that the above statement is a clerical error of 170 million won for the defendant on March 11, 2003, 170 million won for interest, and 300,000 won for the loan from the due date to due date to due date to due date to due date to due date to due date to due date to due date to the above loan.