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1. The Defendant shall pay to the Plaintiff KRW 7,900,000 as well as 20% per annum from August 13, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On September 4, 2008, the Defendant prepared a loan certificate with respect to KRW 11 million to the Plaintiff on September 4, 2008, and on September 26, 201, the Defendant drafted a loan certificate as to KRW 15 million by adding up the amount of outstanding repayment and the amount of KRW 2 million additionally paid by the Plaintiff and eight million additionally paid by the Plaintiff.
B. On September 26, 2011, the Defendant’s written credit card was deposited every 300,000 won from October 4, 2011 to 9.9 million won each day, and thereafter, the Defendant paid a total of 7.1 million won to the Plaintiff.
[Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 3 and 5 (including paper numbers), the purpose of the whole pleadings]
2. The Plaintiff asserted and determined that the sum of the loan certificates written by the Defendant’s written claim is KRW 26 million, and the Defendant asserted that only the loan certificates written on September 26, 201 were valid, and the content thereof was written by the Defendant after the Plaintiff invested in the IM Global Co., Ltd., a merchandise coupon trading company upon the Defendant’s introduction, and the Defendant made the investment in the amount to guarantee the principal. Therefore, the Plaintiff’s investment principal was valid only for KRW 10 million.
The plaintiff also seems to have known that the amount actually paid by the plaintiff to the defendant is KRW 10 million and that the money was invested in a merchandise coupon trading company. However, considering the fact that the defendant stated that the loan certificate of September 26, 201, which was directly prepared by the plaintiff, was about KRW 15 million without a separate interest agreement, and that the repayment method is specifically specified, the defendant is liable to the plaintiff for the loan amount of KRW 15 million.
Therefore, the defendant, as requested by the plaintiff, 7.9 million won (15 million won - 7.1 million won), the balance of the borrowed money, and 20% of the annual litigation from August 13, 2013 (the day following the delivery of the complaint) to the day of complete payment.