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1. The Defendant’s KRW 82,00,000 as well as 5% per annum from June 17, 2005 to July 2, 2015 to the Plaintiff.
Reasons
1. The facts of recognition [based on recognition: The fact that there is no dispute, Gap evidence 1 (the defendant's assertion that the issue date and the date of payment stated in the promissory note are altered, but there is no evidence to acknowledge it, the defendant's above assertion is rejected.
(i) entry and the purport of the entire pleading
A. A. Around 2004, the Plaintiff lent a total of KRW 50 million to the Defendant.
B. On March 16, 2005, the Defendant issued and delivered promissory notes with the face value of KRW 82 million, the payee, the Plaintiff, and the due date of payment, June 16, 2005, each of the C Apartment 101 Dong 910, each of the place of issuance and payment (hereinafter “instant promissory notes”) to the Plaintiff.
2. Determination:
A. According to the above facts, the defendant is obligated to pay the plaintiff 5% annual interest rate under the Civil Act from June 17, 2005 to July 2, 2015, the delivery date of a copy of the complaint in this case from June 17, 2005 to July 2, 2015, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to September 30, 2015, and 15% per annum under the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment (wholly amended by Presidential Decree No. 2653, Sep. 25, 2015), and the interest rate of 15% per annum from September 30, 2015 to the date of full payment shall be applied pursuant to the former provisions of Article 2 (2) of the Addenda of this Decree.
B. The defendant's assertion and judgment 1 are that the issue date of the Promissory Notes in this case is February 16, 2005, and the due date was March 16, 2005, but the plaintiff changed the issue date of the Promissory Notes in March 16, 2005 and June 16, 2005. The lawsuit in this case is originally due date of the Promissory Notes in this case.