beta
(영문) 수원지방법원안양지원 2016.11.30 2016가단108982

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 15% per annum from October 26, 2016 to the day of full payment.

Reasons

On May 22, 2012, the Defendant prepared a certificate of loan (Evidence 1) stating that the Plaintiff will repay the loan amount of KRW 50 million up to May 2, 2015, and the Defendant paid the Plaintiff KRW 10 million on August 7, 2015, and KRW 15% on August 24, 2015, and KRW 10 million on August 24, 2015 (Evidence 1-4). If so, as the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff the remainder of the loan amount of KRW 10 million and KRW 10 million on the following day ( October 24, 2016) at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

The defendant's argument concerning the defendant's assertion was prepared on May 2025 with the loan certificate as the due date set on May 2025, but the plaintiff changed the due date to May 2015. The plaintiff asserts that the due date for the loan was not due.

The defendant's criminal complaint against the plaintiff on the ground of the alteration of private document was not a disposition of non-prosecution, and the defendant's repayment of KRW 30 million as above during the investigation process is recognized (Evidence A3, Entry of Evidence B 1, the purport of the whole pleadings), and the defendant's assertion is without merit.

The plaintiff's claim is accepted.