beta
(영문) 수원지방법원 2020.04.23 2019가단556375

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 12% per annum from September 7, 2019 to the date of complete payment.

Reasons

1. Basic facts

A. On January 2017, the Plaintiff received six copies of the electronic bill totaling KRW 83,00,000 from D Co., Ltd. (hereinafter “Nonindicted Company”) and presented the said bill to a corporate bank, but refused to pay the said bill.

B. On February 13, 2017, the Plaintiff filed a claim for the payment of bills against the non-party company: “The non-party company shall pay to the Plaintiff 30,000,000 won per annum from February 1, 2017 to the delivery date of the original copy of the instant payment order; “The non-party company shall pay to the Plaintiff 6% interest per annum from the next day to the full payment date; and 15% interest per annum from the next day to the full payment date.” On April 1, 2017, “The non-party company shall be 53,00,000 won per annum from April 1, 2017 to the delivery date of the original copy of the instant payment order; and from the next day to the full payment date, the non-party company shall be 6% interest per annum of 15% interest per annum from the next day to the delivery date of the original copy of the instant payment order.”

C. On February 1, 2017, the Defendant, the representative of the non-party company, drafted a certificate of loan to the Plaintiff, stating that “83,00,000 won shall be borrowed and repaid until July 31, 2017, but deposit at KRW 15,00,000 as of the end of each month from February 28, 2017.”

The defendant shall repay to the plaintiff on September 5, 2018 KRW 70,000,000, out of KRW 83,000,000 of the defaulted bill amount of KRW 83,00,000,000, each month from January 25, 2019, and he/she shall promptly lose the benefit of the deadline for at least two months.

“Prepared a plan to repay borrowed money.”

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 4 (including each number, if any) and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 70,000,000 and damages for delay calculated at the rate of 12% per annum from September 7, 2019 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment.

As to this, the defendant is not the defendant.