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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. As to the cause of claim
A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 2 and 5, the Plaintiff lent 3.47 billion won to the Defendant on August 19, 2010 without fixing the due date, and the Plaintiff around that time set the due date for repayment as of August 9, 2010.
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 22, 2012 to the day following the delivery date of a copy of the complaint of this case filed by the Plaintiff with respect to the total amount of KRW 3.97 million and KRW 3.47 million, which is the day of full payment, and the main sentence of Article 3(1) of the former Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015); damages for delay calculated at the rate of 50,000 won per annum as stipulated in the Civil Act from August 20, 2010 to March 21, 2012, which is the day of full payment; and damages for delay calculated as prescribed by Presidential Decree No. 2515, Feb. 25, 2015.
2. As to the Defendant’s assertion, the Defendant asserted that only written a loan certificate to the Plaintiff and that there was no money borrowed from the Plaintiff. However, in light of the following: (a) the details of the loan certificate Nos. 2 and 3 are specific and clearly indicated that the Defendant borrowed money from the Plaintiff; (b) the certificate of personal seal impression directly issued by the Defendant and the copy of the Defendant’s resident registration certificate are attached to the above loan certificate; and (c) the Defendant initially led to the confession that there was a fact that he borrowed money from the Plaintiff (the legal brief dated May 29, 2019), the Defendant’
3. Conclusion, the plaintiff.