beta
(영문) 서울중앙지방법원 2017.09.27 2017가단27240

대여금

Text

1. The Defendant’s KRW 24,480,00 for the Plaintiff and KRW 24% per annum from December 1, 2016 to February 22, 2017.

Reasons

Basic Facts

The plaintiff and the defendant are adjoining neighbors who have resided in Gangnam-gu Seoul Metropolitan Government at the 301 Dong for a long time.

From December 2014 to December 19, 2015, the Plaintiff borrowed money from D upon request of D, the Defendant’s wife, and prepared a certificate of loan from D around November 19, 2015. The loan certificate contains a statement that D borrowed KRW 30,500,000 from the Plaintiff for the purpose of living capital, and that D promised to pay the remainder of money at the end of July 2016, and that interest shall be paid in two copies per month.

After that, the Plaintiff and D made additional monetary loans and partial repayment, and the settlement of all the money transactions until August 4, 2016 and the notarial deed of a monetary loan contract (Evidence A No. 4) was prepared. The contents are as follows:

On July 27, 2016, the Plaintiff lent KRW 24,480,00 to the debtor D.

A debtor D shall repay the remainder of KRW 14,480,00 on November 30, 2016 and the remainder of KRW 14,480,00 on November 30, 2017. If a debtor delays the payment of the installment once or more times, the debtor D shall lose the benefit of the time, and immediately repay the remainder of the debt.

Interest shall be 24% per annum, and the rate of delay damages shall be 24% per annum.

D managed the above money borrowed from the Plaintiff through the accounts of the National Bank and the Bank of Korea, and used the credit card payment for the purpose of living expenses, such as pharmacies, dental clinics, dental clinics, restaurants, day care centers, and private teaching institutes.

D submitted a draft repayment plan to the effect that it would pay 10,631,220 won in total for five years in installments in the amount of KRW 177,187,187 each month by filing an application for personal rehabilitation with the Seoul Rehabilitation Court 2016 installments 1037095, and that it would pay 24,480,000 won in total for five years after the said notarial deed was completed.

[Ground of recognition] No dispute is raised, Gap evidence 1 to 4, and Eul evidence 1 and 2.