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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination
A. Comprehensively taking account of the purport of the entire pleadings as to the statement of No. 1 of the judgment on the cause of the claim, the Defendant prepared to the Plaintiff the loan certificate stating that KRW 20,000,000 from the Plaintiff was due on December 20, 2016 and the interest rate of KRW 20,000 per annum (hereinafter “the loan certificate of this case”).
According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff interest or delay damages calculated at the rate of 20 million won per annum from December 20, 2016 to the date of full payment, which is 20% per annum, which is the interest rate of 20% per annum from December 20, 2016 to the date of full payment.
B. The Defendant’s assertion 1) argues that the Defendant did not borrow 20,000,000 won from the Plaintiff on the loan certificate of this case. However, as long as the authenticity of a disposal document is recognized, the Defendant’s rejection of the probative value of the disposal document is not allowed unless there exist any special reasons to deny the probative value of the disposal document (see, e.g., Supreme Court Decision 89Meu10484, Nov. 10, 1989). As seen earlier, there is no special reason to deny the probative value of the loan certificate of this case where the authenticity is recognized as true. Thus, the Defendant’s assertion is without merit. However, the Defendant’s assertion that the loan amount of this case expired by prescription. However, the Plaintiff’s assertion that the lawsuit of this case was filed on December 20, 2017, which was within the expiration of the statute of limitations (ten years). Thus, the Defendant’s assertion is also groundless.
3 The defendant asserts that he paid KRW 1,800,000 to the plaintiff.
The Defendant’s repayment of KRW 1,80,000 to the Plaintiff does not conflict between the parties. Therefore, if the Defendant’s repayment of KRW 1,80,000 to the Plaintiff is made in the order of the interest on the instant loan and the principal pursuant to Article 479(1) of the Civil Act, the Defendant’s repayment of KRW 1,80,000 from March 20, 2017 to November 2, 2017 shall be from December 20, 2016 to June 2, 2017.