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1. The Defendant: (a) KRW 190,00,000 for the Plaintiff and 5% per annum from April 1, 2014 to October 15, 2014; and (b) October 2014 for the Plaintiff.
Reasons
1. The loan amount of 15,00,000 on February 13, 2013; 10,000 on March 20, 2014; 10,000 on March 22, 2013; 10,000 on April 22, 2013; 20,000 on March 20, 2013; 30,000 on March 6, 2013; 1.40,000 on March 6, 2013; 1.0,00 on March 20, 200; 1.0,00 on March 11, 2013; 1.0,00 on March 5, 200, 2000 on March 13, 2013;
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1 to 17, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 190 million, and damages for delay from April 1, 2014, which the Plaintiff seeks, following the due date for payment.
B. The Defendant asserts that the Defendant, upon the Plaintiff’s request, prepared the instant loan certificate at once, and borrowed KRW 1.5 million from the Plaintiff by November 12, 2012, including borrowing KRW 1.5 million from the Plaintiff, until August 27, 2013.
According to the purport of the entire statements and arguments, the Plaintiff transferred a total of KRW 53 million to the Defendant’s account on November 12, 2012, including transfer of KRW 1,50,000,000 to the Defendant’s account on August 27, 2013, and the Defendant prepared a lump sum of KRW 53 million to the Plaintiff at once. However, the above recognition alone is insufficient to recognize that the Defendant merely borrowed a total of KRW 53 million from the Plaintiff on the Plaintiff’s request, but it is insufficient to find that the Defendant prepared the instant certificate of KRW 190,000 upon the Plaintiff’s request.