대여금
1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 6% from December 8, 2018 to February 1, 2019.
1. Facts of recognition;
A. The Defendant received and continued to operate the “E” restaurant operated by C in Busan Shipping Daegu D.
B. On September 5, 2017, the Defendant: (a) borrowed KRW 20 million from the Plaintiff as operating funds for the said restaurant; (b) decided to accept the Plaintiff’s obligations to the Plaintiff in total of KRW 10 million; (c) around that time, the Defendant borrowed KRW 30 million from the Plaintiff on September 6, 2017.
The interest date shall be 150,000 won from October 6, 2017.
“A loan certificate (hereinafter “instant loan certificate”) was drawn up and issued. (c) On September 8, 2017, the Defendant: (a) intended to additionally borrow KRW 20 million from the Plaintiff as the operating capital of a restaurant; (b) borrowed the loan from the Plaintiff in 2017 (YY) to the Defendant; (c) on the date of interest, “I will pay KRW 100,000,000 from the Plaintiff.” (hereinafter “I will pay KRW 20,000,000,000,000 from the Plaintiff.” (hereinafter “the instant loan certificate”) was drawn up and issued to the Plaintiff in advance, and received KRW 20,000 from the Plaintiff around September 8, 2017.
From October 10, 2017 to December 7, 2018, the Defendant paid to the Plaintiff KRW 250,000 per month (the amount equivalent to 6% per annum on KRW 50,000).
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including each number in case of additional number), Eul evidence 1, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 50 million (i.e., KRW 30 million on the loan certificate No. 1 of this case) and interest or delay damages therefrom, unless there are special circumstances.
B. The summary of the Defendant’s argument as to the Defendant’s assertion is as follows: (a) KRW 10 million out of the borrowed money under the loan certificate No. 1 of this case is assumed by the Defendant with the Defendant’s obligation of KRW 10 million against the Plaintiff; and (b) said money is from the Plaintiff.