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1. The Defendant’s KRW 12,650,00 for the Plaintiff and its related KRW 5% per annum from July 21, 2016 to April 14, 2017, and from April 15, 2017.
Reasons
1. In full view of the description of evidence No. 1, part of evidence No. 1, and witness testimony of the witness C, the Plaintiff offered an educational system with the Defendant from November 2008 to the Defendant and provided the Defendant with monthly KRW 2,500,000 as living expenses. Meanwhile, it is recognized that the Defendant agreed to provide the Plaintiff with a loan certificate on July 201, 201 that “the Defendant borrowed KRW 10,000,000 from the Plaintiff and KRW 2,000,000,000 from the time deposit and KRW 2,50,000 from the time deposit.”
2. Determination
A. According to the above facts, around July 2013, the Defendant promised to pay KRW 12,650,000, out of the amount the Defendant received from the Plaintiff, to the Plaintiff. This constitutes a quasi-loan contract for consumption with the said amount as the purpose of a loan for consumption, and thus, the Defendant is obliged to pay the Plaintiff KRW 12,650,000 as agreed to repay and delay damages.
B. The plaintiff asserts that he lent KRW 23,500,000 to the defendant.
However, with respect to the remaining amount exceeding 12,650,000 won, the evidence submitted by the plaintiff alone is insufficient to recognize the fact that it was lent to the defendant, and there is no other evidence to acknowledge it.
The phrase “one million won of a check” as stated in the evidence No. 1 is merely an additional entry by the plaintiff, and there is no statement in the evidence No. 1 submitted by the defendant as “one million won of a check.”
C. The defendant asserts that the loan certificate (A No. 1) was made by intimidation and coercion.
However, apart from the existence of room for the plaintiff to be liable for damages caused by the act of violence, the evidence submitted by the defendant alone is insufficient to recognize that the loan certificate was made by coercion of the plaintiff, and there is no other evidence to acknowledge it.
The defendant shall file a lawsuit with the plaintiff 12.