대여금
1. The defendant shall pay to the plaintiff KRW 435,00,000 and KRW 200,000 among them, from April 1, 2009, KRW 90,000,000.
1. Facts of recognition;
A. From December 9, 2008 to December 22, 2009, the Plaintiff lent a total of KRW 435,000,000 to the Defendant as shown in the attached Table, as shown in the attached Table.
(hereinafter referred to as "each loan" is specified by the sequence, and each loan listed in the attached Table shall be referred to as "each of the loans in this case". (b)
On December 4, 2009, the defendant prepared a letter of payment stating that "I, on the same day, pay the money borrowed from the plaintiff and the amount guaranteed by the plaintiff to C in E and dividends lawsuit, which is the implementer of D apartment, and the money received in the lawsuit for borrowed money with the former president of the F press G, and if there is any money other than the above money deposited, I promised to pay the money as the top priority, and if there is any money, I will accept any civil and criminal responsibilities, such as fraud, at the time of signing the promise."
[Ground of recognition] Gap 2-1, Gap 2-4, Gap 3-5, Gap 4-1 through 4, Gap 5-1, 2, 3, 5, Gap 6-20, 21, 22, Gap 7-1, 2, 6, 7, Gap 8-1, 8-8, 8-9, and the purport of the whole pleadings
2. Determination as to the cause of action
(a)In the case of a loan for consumption with an agreement at the time of its return, damages for delay shall be calculated from the following day, and, in the case of a loan for consumption with no agreement at the time of its return, shall be liable for delay after a reasonable period has elapsed from
On the other hand, in the event of the default of monetary obligations, the amount of damages is calculated by statutory interest rate or agreed rate, so the lender can seek damages for delay at a rate of 5% per annum, even if there is no special agreement.
B. In light of the above legal principles, since loans Nos. 2, 6, 9, 10, 13, and 14 are determined at the time of return, the damages for delay shall be calculated from the next day. The remaining loans except each of the above loans are not agreed at the time of return, but are immediately repaid when the Defendant created money on December 4, 2009.