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1. The defendant shall pay 150,000,000 won to the plaintiff and 20% per annum from September 13, 2014 to the day of complete payment.
Reasons
1. According to the evidence No. 1 of the judgment as to the cause of the claim No. 1, it is recognized that the loan certificate was prepared with the purport that the Plaintiff lent KRW 150 million to the Defendant on July 2, 2012 by the due date on July 2, 2014 (hereinafter “the loan certificate of this case”), and barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 150 million and delay damages.
2. As to the defendant's defense, the defendant asserts that the loan certificate of this case was made by the plaintiff's duress, and thus, the plaintiff does not have a duty to respond to the plaintiff'
According to the statements in Eul evidence Nos. 5 and 6, C threatened the defendant to pay money on August 11, 2013, and the defendant's complaint with D and four other persons to the Seoul Central District Prosecutors' Office on August 27, 2013 is acknowledged, but considering that the loan certificate of this case was written on July 2, 2012, approximately one year before the loan certificate of this case was written on July 2, 2012, it is not sufficient to recognize that the loan certificate of this case was written by the plaintiff's coercion. Thus, the above argument by the defendant is without merit.
3. In conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from September 13, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case, as the payment period for KRW 150 million and the day of full payment. Thus, the Plaintiff’s claim of this case is justified and it is so decided as per Disposition.