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(영문) 서울중앙지방법원 2020.10.27 2020가단5180726

대여금

Text

The defendant shall pay 146,675,210 won to the plaintiff and 18% per annum from April 21, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On May 6, 201, the Plaintiff (former C Co., Ltd.) entered into a loan agreement with the Defendant on the loan amount of KRW 150,000,000, the loan period of KRW 36 months, the repayment period of May 10, 2014, and the agreed interest rate of KRW 15% per annum (hereinafter “instant loan agreement”), and D and E jointly guaranteed the Defendant’s above obligation.

B. On May 19, 201, Defendant, D, and E issued one copy of a promissory note with face value 180,000,000, the Plaintiff, the issuer, the place of issuance, and each place of payment, respectively, to the Plaintiff. On the same day, the notary public drafted a promissory note notarial deed with the content that, even if being immediately subject to compulsory execution, there is no objection to the said promissory note (hereinafter “notarial deed of this case”).

C. As of April 20, 2020, the above debt remains KRW 146,675,210, interest KRW 35,317,440, interest KRW 299,905,350, provisional payment KRW 537,291, and KRW 482,435,291.

The Plaintiff’s rate of delay damages is 24% per annum until April 29, 2018, and is 18% per annum from April 30, 2018 to April 30, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, as of April 20, 2020, the Defendant is obligated to pay to the Plaintiff damages for delay for the amount of KRW 482,435,291 and the principal amount of KRW 146,675,210 under the loan agreement of this case, and as of April 21, 2020, the Defendant is obligated to pay as of April 20, 202 the damages for delay calculated at the rate of 18% per annum from April 21, 2020 to the date of full payment.

B. As to the defendant's assertion and judgment 1, the defendant's signature and seal under the loan agreement of this case are consistent with the defendant, but it is alleged that the above agreement of this case was a public figure at the time, and thus, it is generally considered as a document.