대여금
1. The defendant shall pay to the plaintiff KRW 53,00,000 as well as KRW 1,00,000 per month from January 17, 2014 to the day of complete payment.
1. Facts of recognition;
A. From April 4, 2010 to September 8, 2011, the Plaintiff set up and lent to the Defendant a total of KRW 53 million at 2% per month interest rate on six occasions, and the Defendant drafted a loan certificate (Evidence 1) stating that the Plaintiff borrowed KRW 53 million from September 8, 201 to September 8, 201.
B. From October 8, 2011 to September 30, 2013, the Defendant paid to the Plaintiff KRW 1,60,000 per month interest on the loan, and thereafter, the Defendant paid KRW 1,00,000 per month to the Plaintiff by agreement that determined the interest as KRW 1,00,000 per month.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, Gap evidence 4-2, Eul evidence 2, the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed interest or delay damages at the rate of KRW 53 million from January 17, 2014 to the day of full payment, which is the day following the date of the above interest payment.
B. As to the judgment on the Defendant’s assertion, the Defendant: (a) prepared a loan certificate on September 8, 201 with the Plaintiff’s repayment of principal only; and (b) paid a total of KRW 45 million to the account; and (c) paid a total of KRW 8 million in cash to repay all the loan obligations.
Although the Plaintiff alleged to the effect that, around 2015, the Plaintiff agreed to pay 8 million won in installments without interest, and to exempt the remainder of the debt, it is not sufficient to recognize only the descriptions of the evidence Nos. 1 and 3, and there is no other evidence to acknowledge it, the Defendant’s above assertion is rejected.
3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.