beta
(영문) 대전지방법원 2015.03.26 2014나14595

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. In light of the purport of Gap evidence Nos. 1 (the tea certificate and the defendant's signature and therefore the authenticity of the document is presumed to be established. The defendant alleged that the above loan certificate was made up and void by the plaintiff's coercion, but there is no evidence to acknowledge it), Gap evidence Nos. 3, Eul evidence Nos. 1 through 4, and the whole pleadings, the defendant has lent money to the plaintiff for several years, and he has settled the interest accrued until March 15, 2013 between the plaintiff and the plaintiff, and he has paid 14,00,000 won each time until October 15, 2013 to the plaintiff, and he has agreed to pay 20% interest at 10% per annum (the date of preparation of the above loan certificate shall be 10,000 won, 200 won, 30,000 won, 10,000 won, 208.08, 2018, 2010 won, etc.).

2. According to the above facts of determination, the Defendant’s total amount of KRW 1,80,00,000 paid or paid to the Plaintiff (= KRW 500,000, KRW 7000,000) does not extend to the interest and delay damages up to the relevant time of repayment with respect to the above KRW 14,000,000. Thus, if it is appropriated for the interest and delay damages up to March 15, 2014 for the above KRW 14,000,000 (interest and delay damages amount of KRW 2,80,000, KRW 200,000 x 200,000) - 1,80,000,000 per annum, barring special circumstances, the Defendant calculated the principal and interest of KRW 15,00,000 on the following day from March 15, 200, KRW 16,000 per annum and KRW 36,000.