대여금
1. The Defendant shall pay to the Plaintiff KRW 42,518,565 and interest rate of KRW 12% per annum from March 10, 2019 to the date of full payment.
1. Facts of recognition;
A. On September 26, 2014, the Plaintiff: (a) determined and lent KRW 8,018,565 to the Defendant as the first patrol officer on November 2014.
B. On October 30, 2014, the Plaintiff: (a) on October 30, 2014, leased KRW 15 million to the Defendant as the first patrol officer on November 2014.
C. On November 25, 2015, the Plaintiff leased KRW 19.5 million to the Defendant on a two-month basis. D.
On the other hand, on June 10, 2014, the Defendant: (a) issued a notary public’s office C/notarial deed with executory power under No. 402 of 2014, stating that KRW 300,000 shall be paid for the Plaintiff on June 10, 2019; and (b) KRW 350,000 per month interest shall be borrowed to the Plaintiff.
) Preparation and delivery was made and made. [The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence 1 to 25, and the purport of the whole pleadings.]
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the total amount of KRW 42,518,565 (= KRW 88,018,565 KRW 15 million) and delay damages therefrom, barring special circumstances.
B. As to the judgment on the Defendant’s assertion, the Defendant set the amount of loan as KRW 300 million including the amount to be additionally borrowed at the time of preparing the instant authentic deed. Since the Plaintiff was unable to comply with the Plaintiff’s claim on the basis of compulsory execution based on the instant authentic deed, the Plaintiff’s assertion is insufficient to acknowledge the Defendant’s assertion. There is no other evidence to acknowledge it. Rather, according to the evidence above, the Defendant was determined on January 20, 2012 as the interest rate of KRW 130 million from the Plaintiff on July 20, 2012, and borrowed KRW 260 million from the Plaintiff on the aggregate from April 29, 2014 to April 20, 2014, and the Defendant borrowed KRW 310 million from the Plaintiff on June 23, 2014 to June 300 million between the Plaintiff and the Plaintiff on June 20, 2014.