beta
(영문) 대전지방법원 2017.10.19 2016가단36260

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 71,00,000 and the interest rate of KRW 15% per annum from April 7, 2017 to the date of complete payment.

Reasons

Facts of recognition

A. A. Around September 2014, the Plaintiff entered into an investment agreement with the Defendant to purchase and develop forest land, etc. (hereinafter “instant investment agreement”).

During the period from September 25, 2014 to December 10, 2014, the Plaintiff remitted total of KRW 71 million to the Defendant in accordance with the instant investment agreement.

B. Since then, around December 2014, the Defendant prepared and rendered to the Plaintiff a letter of claim for the return of borrowed money (hereinafter “each of the instant forms”) dated December 10, 2014, stating that “The Defendant shall pay the Plaintiff KRW 71 million in installments from June 25, 2016 to March 25, 2017.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 4, and judgment of the purport of whole pleadings

A. As long as a disposal document is deemed to be authentic in its formation, the court shall recognize the existence and content of declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof to deny the contents of the statement.

(See Supreme Court Decision 2014Da19776 Decided February 15, 2017 (see, e.g., Supreme Court Decision 2014Da19776, Feb. 15, 2017). In light of the foregoing legal doctrine, it is reasonable to deem that the Plaintiff drafted each of the instant reports within the meaning that the Plaintiff would return the Plaintiff’s investment amount of KRW 71 million to the Defendant, and that the Defendant would pay KRW 71 million to the Plaintiff in installments from June 25, 2016 to March 25, 2017, barring any other special circumstances.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 7, 2017 to the day of complete payment, which is the day following the delivery of a copy of the claim and the written application for modification of the cause of claim, which the Plaintiff seeks after the due date for payment, from April 4, 2017.

(b) against this;