beta
(영문) 대전지방법원 공주지원 2018.12.20 2018가단21172

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 33,019,175 as well as KRW 30,00,000 among them, from November 21, 2018 to the day of full payment.

Reasons

1. According to the purport of Gap evidence Nos. 1 through 5, 2, Eul evidence Nos. 3, and Eul evidence Nos. 4-1 through 4 as to the plaintiff's claim, the plaintiff shall lend the loan to the defendant on January 30, 2018 by setting the interest rate of KRW 30 million and the due date of repayment on December 30, 2018. If the defendant is in arrears with interest, he/she shall immediately claim the principal and interest of the loan; the defendant shall transfer the loan to the plaintiff on April 30, 2018 under the name of the repayment of the loan; after signing an installment savings deposit under the name of the plaintiff; around July 16, 2018; around September 17, 2018; around October 17, 2018; and around December 2015, 2005, respectively.

According to the above facts and the purport of the entire pleadings, part of the interest on the above loan has ceased to exist due to repayment, and the above loan remains in KRW 30 million and interest 30,019,175 as of November 20, 2018. Therefore, the Plaintiff may immediately claim the Defendant for the principal and interest on the loan on the ground that he/she has lost the benefit of the deadline (the calculation details are the same as the attached calculation statement).

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 2% per month, which is the agreed interest rate from November 21, 2018 to the date of full payment, for the total amount of KRW 33,019,175, and for the principal amount of KRW 30,000,000,000 among the principal amount of the loan and interest as of November 20, 2018.

(2) On February 2, 200, the Defendant asserted that the above loan certificate is null and void, since the Plaintiff and the Defendant agreed that the principal of the loan shall be repaid and the interest shall not be paid in the name of the Plaintiff, and thereafter, the Defendant requested the Defendant to prepare a loan certificate (Evidence A2) in the state of the Plaintiff’s emeration, and the Defendant signed and sealed the document without properly verifying the contents thereof.

However, the statement of No. 1 is alone.