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1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from August 25, 2018 to the date of full payment.
Reasons
1. The fact that the Plaintiff, as to the cause of the claim, remitted KRW 150 million to the deposit account in the name of the Defendant on March 2, 2017, and that the Defendant, with respect to the said money, “the Defendant confirmed that he/she borrowed KRW 150 million from the Plaintiff on March 2, 2017 (the evidence No. 1; hereinafter “the loan certificate of this case”) was not in dispute between the parties, or may be acknowledged by the purport of each of the evidence Nos. 1 and 3 as well as all of the pleadings.
According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the above borrowed amount of KRW 150 million and delay damages calculated at the rate of 15% per annum from August 25, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.
2. Judgment on the defendant's assertion
A. The gist of the assertion is KRW 150 million, which the Plaintiff remitted to the Defendant, is real estate investment funds. The instant loan certificate was merely considered as a receipt that lacks legal knowledge among many customers in the restaurant operated by the Plaintiff, and thus, the Plaintiff’s claim based on the premise that the said money is borrowed money is unjust.
B. As long as a determination document is deemed to be genuine of its formation, the court must recognize the existence and content of the declaration of intent as stated in the content, unless there is any clear and acceptable counter-proof that the contents can be denied.
(see, e.g., Supreme Court Decision 94Da16601, Feb. 10, 1995). The Defendant recognized that the instant loan certificate was duly established with the purport that “the Defendant confirmed that he borrowed KRW 150 million from the Plaintiff on March 2, 2017.” The evidence presented by the Defendant alone, unlike the above loan certificate, is an investment amount of KRW 150 million that the Plaintiff remitted to the Defendant, and the said money was simply received.