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1. The defendant shall pay 3,870,000 won to the plaintiff and 15% per annum from May 20, 2017 to the day of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 and 2 (including household numbers) as to the cause of the claim, the plaintiff paid KRW 168,905,00 to the defendant from November 2014 to August 2015; the defendant borrowed KRW 30,000,000 from November 28, 2014 to November 28, 2015; ② The loan certificate stating that "the loan shall be borrowed with the period fixed from November 28, 2014 to November 28, 2015; ② the loan certificate stating that "the loan shall be borrowed with the period fixed from May 25, 2015 to May 25, 2016; ③ the loan certificate stating that "the loan certificate shall be borrowed with the period fixed from May 25, 2015 to May 25, 2016; and ③ the period fixed from June 20, 2015 to June 26, 2015.
‘The fact that 's three copies of the borrowed certificates are written respectively can be recognized.
According to the above facts, the defendant is obligated to pay to the plaintiff 3,870,000 won [120,000,000 won (120,000,000 won) - KRW 146,130,000 who claims the deduction while the plaintiff was a person who was repaid by the defendant, and is claiming the deduction from the defendant] as well as damages for delay calculated at the rate of 15% per annum from May 20, 2017 to the day of full payment, as the plaintiff seeks.
2. Judgment on the defendant's assertion
A. The defendant asserts that only he received KRW 168,905,000 from the plaintiff, but did not borrow KRW 180,000,000.
As seen earlier, the Defendant, after receiving KRW 168,905,00 from the Plaintiff, prepared three copies of the loan to borrow KRW 180,000 in total from the Plaintiff, and thus, the Defendant’s assertion is without merit.
B. The Defendant asserts that, on June 25, 2015, the Defendant did not affix a seal on the certificate of borrowing KRW 30,000,000 (No. 2-3), and that the Plaintiff violated the Defendant’s office without permission, thereby securing the Defendant’s seal and sealing it without permission.
Where it is deemed that the stamp image of the person in whose name the document has been affixed is affixed with the seal of the person in whose name the document has been affixed, there shall be no special circumstances.