대여금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
The plaintiff, around July 28, 1998, determined 100 million won as interest rate of 0.015% per month to the defendant, who is his/her partner C and his/her spouse, and thereafter paid 10 million won out of principal from the defendant, etc. Thus, the defendant is obligated to pay the plaintiff delayed damages calculated at the rate of 18% per annum, which is the agreed interest rate from January 1, 2000 to the day of full payment after the payment of the remaining loan amounting to 90 million won and the final interest thereon.
The argument is asserted.
However, it is not sufficient to recognize that the Plaintiff lent KRW 100 million to the Defendant around July 28, 1998 only with the statement of evidence Nos. 1 through 5 submitted by the Plaintiff, and there is no other evidence to acknowledge it (this is more so in that it does not have the Defendant’s signature seal, in particular, in addition to the loan certificate submitted by the Plaintiff). Accordingly, the Plaintiff’s assertion cannot be accepted.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.