beta
(영문) 창원지방법원 2018.01.10 2017나56145

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 25, 1998, the Plaintiff Union loaned 10,000,000 won with interest rate of 6.5% per annum (Provided, That the starting date shall be May 25, 1999), 21% per annum, delay damages, and May 25, 200 for repayment period. Nonparty B guaranteed the above obligation as a joint and several surety.

(hereinafter “instant Claim 1”). (b)

Plaintiff

On April 22, 1999, the Cooperative lent 6.5% per annum to the Defendant on April 22, 1999 as interest rate of 6.5% per annum, delay damages, 15% per annum, and due date of repayment on April 22, 200.

(hereinafter “instant Claim No. 2”. The instant Claim No. 1 together with the instant Claim No. 1, hereinafter “instant loan”). 【Unstrificial grounds for recognition”, entry in the evidence No. 1 through 3, 12, and 13, and the purport of the entire pleadings.

2. According to the above facts of recognition as to the cause of claim, the defendant is obligated to repay the loan of this case to the plaintiff.

However, with respect to the claim 1 of this case, the Plaintiff was paid KRW 10,65,017 from C on December 29, 2006 to KRW 137,073, the principal amount of KRW 10,000,000, and the remainder amount of KRW 517,944 (=10,65,017 - 137,073 - 10,000,000) is the interest and delay damages up to December 28, 2006, the sum of KRW 10,047,258 in fact, and KRW 10,047,258 from May 25, 199 to May 25, 200, KRW 651, X780 [1,00,000 to KRW 360,000] and KRW 1638,000 per annum 1630,000,005.

(2) With respect to the claim 2 of this case, 1,90,90,966 won out of the principal, 6,000,000 won, 1,990,966 won out of the total amount of interest and delay damages up to June 29, 2010, in fact, KRW 9,061,312 won from April 22, 1999 to April 22, 2000.