대여금
1. The Defendant’s KRW 84,00,000 and the Plaintiff’s annual rate of KRW 5% from March 8, 2017 to July 20, 2017.
1. Determination as to the cause of claim
A. In full view of the purport of evidence No. 2-2, the Plaintiff and the Defendant, on June 17, 2015, had a notary public prepare a notarial deed of debt repayment contract with Cjoint Law Office as a notary public No. 905 on June 17, 2015, and in the process, the Plaintiff and the Defendant agreed to pay the Plaintiff the amount of KRW 84 million on June 10, 2015 at 5% per annum and 13% per annum as the repayment of damages, and the Plaintiff agreed to pay the amount by November 10, 2016. < Amended by Presidential Decree No. 26358, Jun. 10, 2015>
According to the above facts, the defendant is obligated to pay to the plaintiff 84 million won and damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from March 8, 2017 to July 20, 2017, which is the day following the delivery date of the payment order of this case filed by the plaintiff, from March 8, 2017 to the day following the delivery date of the payment order of this case, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion,
B. Furthermore, the Plaintiff asserts that, from May 8, 2009 to March 3, 2009, the Plaintiff extended a total of KRW 40 million with interest rate of KRW 12% per annum and due date of payment on December 26, 2009 to the Defendant.
According to Gap evidence No. 1 and evidence No. 2-1, the plaintiff can only recognize the fact that the defendant entered into an investment agreement with D, a representative director, about a sum of KRW 40 million, including KRW 10 million on May 8, 2009, KRW 10 million on June 10, 2009, and KRW 20 million on June 26, 2009, and invested KRW 40 million on June 26, 2009.
The above facts alone are difficult to presume that the Plaintiff lent the above KRW 40 million to the Defendant to the Defendant, and there is no objective evidence to acknowledge it even if the evidence submitted in this case was examined.
Therefore, the Plaintiff’s above assertion is difficult to accept.
2. Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.