beta
(영문) 청주지방법원 2020.04.24 2019가단5819

대여금

Text

1. The defendant shall calculate the amount of KRW 100 million to the plaintiff at the rate of 24% per annum from July 5, 2018 to the day of full payment.

Reasons

1. In full view of the purport of the entire pleadings in the statement of evidence No. 1 in the facts of recognition, the fact that the Plaintiff leased KRW 100 million to the Defendant by setting the interest rate of KRW 24% per annum and due date on July 4, 2018 is recognized.

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff a loan of KRW 100 million and damages for delay at the rate of 24% per annum from July 5, 2018 to the date of full payment, which is the day following the due date.

B. The defendant asserted that the above loans were used by C and thus cannot comply with the plaintiff's request. However, as long as the defendant is recognized as the borrower, C is the actual employer of the funds, and thus, it is not a ground for refusing the plaintiff's claim. Thus, the above argument is rejected.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.