대여금
1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from June 10, 2017 to the day of complete payment.
B On April 30, 2014, the Defendant issued and delivered to the Plaintiff a certificate of borrowing the same as the right entry.
[A] The Defendant, directly, written on its own.
Thus, the defendant is obligated to return 40 million won to the plaintiff as stated in the above loan certificate, which is a disposal document.
Even if a person who borrowed money directly from the plaintiff as the defendant's assertion, is C, the defendant's delivery and delivery of the above loan certificate to the plaintiff is the intention of returning the borrowed money, and it shall be deemed that the defendant either assumed the obligation to return the borrowed money or expressed the intention of "joint and several guarantee".
Therefore, there is no difference in the conclusion that the Defendant is liable to return the borrowed amount of KRW 40 million to the Plaintiff.
Next, even if it is based on the foregoing loan certificate with respect to the damages for delay claimed by the Plaintiff, there is no separate due date and interest agreement.
The Plaintiff claimed damages for delay equivalent to interest from April 30, 2014, but this is not acceptable.
In addition, there is no evidence that the Plaintiff claimed reimbursement of KRW 40 million to the Defendant prior to the filing of the instant lawsuit.
Therefore, the defendant can only claim against the defendant from the day after the duplicate of the complaint of this case was served.
The plaintiff's claim for this part is rejected in part.
It shall be pronounced as ordered by the court.