beta
(영문) 광주지방법원 2020.07.10 2019나60867

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Determination as to the cause of claim

A. According to the overall purport of each statement and pleading of Gap evidence Nos. 1 through 7 (including a serial number), the plaintiff was living together with the defendant, and used for common living expenses, etc. (hereinafter "the loan of this case") by borrowing 5,00,000 won from C Bank on April 27, 2016, interest rate of loan 26.9%, interest rate of arrears rate of 27.9%, and 27.9%, and the plaintiff and the defendant decided October 2016 to November 9, 2016, and the defendant sent the message that "the amount of money received in his name and interest of 00 won will be refunded, and the amount of loan of 100 won will be refunded to the defendant on November 9, 2016." After that, the plaintiff sent the message that "the amount of loan of this case will be refunded to 100 won, and the defendant sent it to the plaintiff about 1000 won and 100 won will be paid to the plaintiff."

B. According to the above facts, it is reasonable to view that the Defendant agreed to pay the Plaintiff money equivalent to the principal and interest of this case at the time of the Plaintiff’s loan as above.

Therefore, barring any special circumstances, the Defendant is obligated to pay delay damages calculated at the rate of 26.9% per annum from April 27, 2016, the loan principal of which was KRW 5,000,000, and the agreement from April 27, 2016 to the date of full payment. The damages for delay from April 27, 2016 to August 15, 2018, the Plaintiff designated as the base date for calculating the loan principal and interest of KRW 3,09,027 (=5,00,000 x 841/365 x 26.9% x 26.9% x 26.9% x 5,000) up to that time. The principal and interest of KRW 8,09,027 = 5,000.