차용금반환 및 이자손해배상등
1. The Defendant shall pay to the Plaintiff KRW 31,861,285 and a rate of KRW 25% per annum from June 10, 2017 to the date of complete payment.
1. Basic fact-finding day: 50,000,000 won: The date for the payment of the plaintiff: February 1, 2016, the defendant borrowed a total of KRW 35,000,000 from the plaintiff on July 3, 2015; August 30, 2015; and October 15, 2015; and then, he/she then borrowed KRW 15,00,000 from the plaintiff on October 3, 2015 to verify that the amount of the loan is KRW 50,000,000.
2. On February 15, 2016, I undertake to pay interest at the rate of 25% per annum on the above date. (a)
The Defendant prepared a loan certificate on January 15, 2016 with the following content and delivered it to the Plaintiff.
B. The Defendant was indicted as Seoul Northern District Court on May 22, 2015 to December 28, 2016 by deceiving the Plaintiff without ability to repay, resulting in the Defendant’s crime of receiving KRW 29,109,560, a sum of KRW 29,109,560 from the Plaintiff by borrowing the said money. On June 14, 2017, the said court convicted the Defendant of all the above criminal facts, and sentenced the Defendant to a stay of execution.
Accordingly, the prosecutor appealed and is still pending in the appeal court.
[Ground of recognition] Facts without dispute, Gap evidence 1, 13 evidence, Eul evidence 1, the purport of the whole pleadings
2. The parties’ assertion
A. Plaintiff 1) In spite of having lent KRW 50,00,000 in total to the Defendant from February 2, 2015 to January 2016, the Plaintiff was not repaid. (2) The Defendant was unable to repay the said loan from time to time, resulting in financial difficulties for the Plaintiff.
As a result, the plaintiff bears a high interest rate, operated the enterprise, and the sales of the company operated by the plaintiff has occurred. Accordingly, the plaintiff is seeking 60,000,000 won as compensation for damages.
3) A business entity operated by the Plaintiff due to a financial shortage due to the delay in repayment by the Defendant led to the discontinuance of its business, and the Plaintiff was suffering from a serious mental pain in this process, and the Plaintiff sought payment of KRW 70,000,000 as a compensation for damages arising therefrom. (B) Defendant 1)