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(영문) 부산지방법원 2017.10.17 2017가단300622

대여금

Text

1. As to KRW 165,446,00 among them and KRW 114,00,000 among them, the Defendant shall pay to the Plaintiff the year from January 1, 2013 to April 14, 2017.

Reasons

1. Facts of recognition;

A. On July 31, 2006, the Defendant borrowed money from the Plaintiff several times, and on July 31, 2009, determined the period of repayment to the Plaintiff as KRW 114 million, and on July 31, 2009, as to the interest rate of KRW 20 million out of KRW 114 million, the Defendant set the rate of KRW 20 million per month and the amount of KRW 94 million per month as KRW 1.5% per month, and written a certificate of borrowing money (Evidence 1).

On August 1, 2006, the Defendant completed the registration of creation of a mortgage on the real estate owned by the Defendant to the Plaintiff on August 1, 2006, which caused the maximum debt amount of 148 million won.

B. On October 31, 2009, the Defendant paid only KRW 10 million as interest or delay damages. On December 31, 2012, the Defendant prepared a certificate of borrowing (Evidence A6) with a rate of 0.7% per month on December 31, 2012, setting the Plaintiff and the delay damages rate of KRW 14 million as the rate of 0.7% per month, and set a certificate of borrowing (Evidence A6) with a rate of more than half of the accrued interest or delay damages until the time, and then written a certificate of borrowing (Evidence A4) with a maturity of KRW 51,46,00 as the leased principal, with the maturity of payment as of December 31, 2013.

On January 24, 2013, the Defendant completed the registration of the establishment of a neighboring mortgage, which caused the maximum debt amount to the Plaintiff regarding the real estate owned by the Defendant.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 4, and 6 (including paper numbers), and the purport of the whole pleading

2. According to the above facts of determination, the Defendant’s loaning KRW 165,446,00 to the Plaintiff (= KRW 51,446,000,000) and KRW 114,000,000,000,000,000 from January 1, 2013 to April 14, 2017, the agreed delay interest rate of KRW 8.4% per annum, which is the delivery date of a copy of the application for change of claim and cause of claim in this case, and KRW 15% per annum, 51,446,00 from the following day to the day of full payment, from January 1, 2014, to April 14, 2017, the delivery date of the application for change of claim and cause of claim in this case, and KRW 5% per annum, which is the delivery date of a copy of the application for change of claim in this case from the following day to the day of full payment.