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1. The Defendant (Counterclaim Plaintiff) shall pay 40,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from July 30, 2015.
Reasons
1. Determination on the main claim
A. The judgment on the cause of the claim No. 1 (the Defendant stated “10 million won” in the loan certificate and stated the name of the Defendant as “40 million won,” but thereafter the Plaintiff asserted that the Plaintiff altered it to “40 million won,” but the Plaintiff did not have any evidence of the Plaintiff’s alteration, the Plaintiff paid teaching expenses while teaching with the Defendant around July 2014. While lending money to the Defendant, the Plaintiff agreed on May 22, 2015, while taking into account the lending of money to the Defendant, and on May 30, 2015, agreed on the payment of KRW 40 million borrowed from the Plaintiff by the Defendant until May 30, 2015. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of 15% per annum from July 30, 2015 to the day following the delivery of the copy of the complaint of this case to the Plaintiff.
B. As to the judgment of the defendant's assertion, the defendant alleged that the defendant did not borrow KRW 40 million from the plaintiff, but the defendant prepared a loan certificate with the purport to repay it by the plaintiff's duress. However, the statement of No. 5 alone is insufficient to recognize the plaintiff's coercion, and there is no other evidence to acknowledge it. Thus, the defendant's above assertion is without merit.
C. Therefore, the plaintiff's main claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.
2. Judgment on the counterclaim
A. The defendant's assertion that the defendant is: (a) KRW 145 million on September 30, 2014; (b) KRW 100,000 on October 31 of the same year; (c) KRW 400,000 on November 28 of the same year; (d) KRW 3 million on January 12, 2015; and (e) KRW 2 million on January 15, 2015; and (e) the same year.
2. 3.7 million won, and 11.6.5 million won in total on the 26.1 million won in the same month, the Plaintiff borrowed the above loan to the Defendant, and the Plaintiff is related thereto.