대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. On March 31, 2006, the Plaintiff loaned money several occasions to the Defendant, and settled the loan up to that time with the Defendant, and received “a certificate of rent” from the Defendant stating that “the Defendant borrowed KRW 127,000,000 from the Plaintiff as 2% interest per annum.” The certificate of rent contains each of the names of the Defendant and the husband of the Defendant, and the seal is affixed thereto.
B. On September 27, 2009, C prepared a “cash receipt” stating that “I will pay KRW 127,000,000 to the Plaintiff KRW 5,000 per month for the period from February 2007 to December 28, 2012, and paid KRW 92,00,000 to the Plaintiff totaling KRW 92,00,000, and the remaining loans of the Plaintiff are KRW 35,00,000.
[Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings
2. Judgment on the parties’ assertion
A. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff interest or delay damages calculated by the rate of 24% per annum from April 1, 2006 to February 11, 2014, which is the last delivery date of the copy of the complaint of this case, and the rate of 20% per annum from the next day to the date of complete payment, which is within the agreed rate of 35,000,000 won remaining after the loan to the plaintiff.
B. As to the Defendant’s argument, the Defendant prepared a cash storage certificate under the joint name with C, and the Defendant agreed to jointly repay the Defendant’s debt to the Plaintiff with C, and there is no special declaration of intention, so the Defendant and C are merely obligated to repay their debt at an equal rate. Therefore, it is unreasonable for the Plaintiff to seek the payment of the remainder of the loan to the Defendant, and thus, the Plaintiff is aware of the following circumstances, namely, by the fact of the above recognition: