beta
(영문) 서울북부지방법원 2018.06.19 2017가단131964

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 124,410,00 and the interest rate of KRW 15% per annum from September 19, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 19, 2010, the Plaintiff leased KRW 10,000,00 to the Defendant for a period of two years without a interest agreement.

(B) On October 26, 2010, the Plaintiff leased KRW 6,300,000 to the Defendant on or around March 2011 without a interest agreement (hereinafter “the second loan”).

On August 29, 2011, the Plaintiff lent KRW 26,000,00 to the Defendant without due date.

(D) Even after the Plaintiff loaned money several times to the Defendant, and on July 28, 2014, the Plaintiff settled KRW 89,800,000 as a loan (hereinafter “fourth lending”) by aggregating the loans and additional loans with the Defendant on July 28, 2014 (hereinafter “fourth lending”).

On October 1, 2015, the Plaintiff continued to lend money to the Defendant, and settled the total amount of KRW 94,100,000 as a loan, summing up the amount of additional loans with the Defendant and the fourth loans.

(F) On June 15, 2017, the Plaintiff loaned money to the Defendant, and settled the amount of money to KRW 35,630,000 (hereinafter “six-dimensional lending”). G. On June 28, 2017, the Defendant repaid KRW 320,000 to the Plaintiff.

H. Afterward, the Plaintiff requested the Defendant to pay the above loan.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 26, purport of the whole pleadings

2. Determination as to the cause of claim includes KRW 5,00,000,000 for lease deposit paid on behalf of the defendant living together with the 6th loan. Since the plaintiff becomes a lessee under the lease contract, the plaintiff seeks to pay the remaining loan after deducting the above amount and the repayment amount of KRW 320,000. According to the above facts, the defendant, according to the above facts, shall promote the lawsuit from September 19, 201 to the date of complete payment, which is the following day after the delivery of a copy of the complaint of this case.