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(영문) 창원지방법원 2015.03.19 2014나32674

대여금

Text

1.The judgment of the first instance shall be modified as follows:

Done on July 1, 2008, the defendant's office of notary public against the plaintiff.

Reasons

1. Basic facts

A. On July 1, 2008, the Plaintiff and the Defendant borrowed KRW 2,500,000 from a notary public C office in 2008 to the Plaintiff, and the Plaintiff borrowed this amount. The Plaintiff decided to pay the above amount to the Defendant until December 1, 2008, and the interest on the above amount (one day each month) shall be paid 30% interest per annum from July 1, 2008 to December 1, 2008. When the Plaintiff delayed the repayment of the above amount, it is recognized that the delayed principal should be paid damages for delay at a rate of 30% per annum to the Plaintiff (i.e., “monthly 30%” under the evidence of subparagraph 2, but, in light of the purport of the entire pleadings, the Plaintiff did not immediately perform a notarial deed with the content of a notarial deed “30% notarial deed.”

B. On August 28, 2013, the Defendant filed an application for seizure of corporeal movables located at the domicile of the Plaintiff as the Jinwon District Court Branch Branch Branch Branch Branch Branch Office 2013No. 1026 with the title of execution, and seized the said corporeal movables on August 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. On July 1, 2008, the Plaintiff asserted 1: (a) received only KRW 2,370,000 after deducting KRW 130,00 from the Defendant as a prior interest; and (b) paid KRW 3,057,472 from August 6, 2008 to December 28, 201, such as deposit of KRW 130,000 to the Defendant’s account as indicated in the “date payment” column in the attached sheet 1, as indicated in the attached sheet, and repayment was made; (c) the Plaintiff paid KRW 3,057,472 in total from August 6, 2008 to December 28, 201; and (d) this is identical to the statement in the attached sheet 1, since the obligation of the instant loan as of October 18, 2013 as indicated in the order of payment with interest and principal.