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1. The Defendant’s KRW 25,604,660 as well as 5% per annum from December 1, 2016 to November 17, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On October 27, 2016, the Defendant prepared and awarded to the Plaintiff a certificate of borrowing that the Defendant agreed to repay KRW 30,000,000 to the Plaintiff by November 5, 2016.
In the above loan certificate, if the defendant is unable to repay the above loan money at the due date, the defendant transferred the name of the restaurant with the trade name "C" operated by the defendant.
B. On November 8, 2016, the Defendant: (a) failed to repay the borrowed money by the said due date; (b) drafted a loan certificate stating that KRW 40,000,000 shall be returned to the Plaintiff by November 23, 2016; and (c) transferred not only the said restaurant but also the apartment to another restaurant and the apartment.
【Reasons for Recognition: Each entry in Evidence A Nos. 1 and 2, and the purport of the whole pleadings】
2. Determination on the cause of the claim
A. On October 27, 2016, the Plaintiff lent KRW 30,000,00 to the Defendant, and the Defendant was unable to repay the above borrowed amount at the due date, and instead of the Plaintiff’s right to collateral, the Defendant concluded to pay the borrowed amount plus KRW 10,00,000, in addition to the borrowed amount on November 8, 2016, the Defendant drafted a loan certificate of KRW 40,000,000, and the Defendant is obligated to pay the Plaintiff a total of KRW 40,000,000.
In regard to this, the Defendant asserts that the amount actually borrowed from the Plaintiff is KRW 20,00,000,000, and each loan was made by adding the interest of KRW 10,000,000 to the interest in turn, and that the Plaintiff has changed only to pay the principal to the Defendant. Therefore, the Defendant is obliged to pay the Plaintiff KRW 20,000,000.
B. As long as the Defendant’s determination of the initial loan amount recognizes the authenticity of the loan certificate as of October 27, 2016, which is a disposal document, the existence and content of the expression of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof to deny the content of the statement.