대여금
1. The Defendant: (a) KRW 130,00,000 for the Plaintiff and 2.3% per annum from August 3, 2014 to August 30, 2015; and (b) August 31, 2015 for the Plaintiff.
1. Basic facts
A. (1) On March 19, 2003, the Plaintiff: (a) determined that KRW 150,000,000 as interest rate of KRW 5.5% per month; and (b) determined that KRW 50,000,000 as interest rate of April 28, 2004 and lent each of them to the Defendant as 0.5% per month.
B. On August 2, 2014, the Defendant drafted and issued to the Plaintiff a certificate of borrowing (Evidence 1) stating that “The Defendant borrowed interest of KRW 130,000,000 from the Plaintiff KRW 250,000 per annum (2.3% per annum if converted into a yearly unit) and by August 30, 2015, respectively, by the due date.” (hereinafter “the instant certificate of borrowing”).
[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings
2. Both claims and judgment
A. Both parties’ assertion asserts to the effect that “the original Defendant settled the principal and interest of the previous loan at the time of the preparation of the loan certificate, and then re-determined the balance of KRW 130,000,000 as the principal and interest of the loan.”
In regard to this, the Defendant asserts to the effect that “the previous loan principal amounting to KRW 200,000,000 (= KRW 150,000,000) out of KRW 50,000,000,000 as at the time of the preparation of the instant loan certificate, as well as the amounting to KRW 102,00,000,000, as well as the additional amounting to KRW 102,00,00 as at the time of repayment of the principal and interest of the loan, the Defendant promised to settle the remaining loan interest again
B. As alleged by the Defendant, there is no clear evidence to prove that the original Defendant promised to settle the outstanding loan interest and interest again at the time of the preparation of the loan certificate of this case.
Rather, in light of the fact that the Defendant prepared and executed the instant loan certificate to the Plaintiff on August 2, 2014, it is reasonable to deem that the original Defendant at the time determined KRW 130,000,000 remaining after settling the principal and interest of the previous loan as the principal of the loan.
Therefore, as stipulated in the instant loan certificate, the Defendant agreed on KRW 130,00,000 as to the loan and its amount thereafter, from August 3, 2014 to August 30, 2015, which the Plaintiff seeks after the loan date.