대여금
The defendant shall pay 36,00,000 won to the plaintiff and 5% per annum from May 1, 2020 to January 21, 2021.
The Plaintiff, from May 13, 2019 to October 31, 2019, lent a total of KRW 297,300,000 to the Defendant (Evidence A). In relation to the above lending, the Defendant issued a loan certificate to the Plaintiff on October 31, 2019 that “a repayment of KRW 336,00,000,000 is to be made until November 7, 2019” (Evidence A No. 4), and the said money was to be paid the principal in addition to the principal that the Plaintiff lent to the Defendant until that time.
Therefore, the defendant is obligated to pay the money stated in the above loan certificate to the plaintiff.
On the other hand, with respect to the above loan, the Plaintiff promised that the Defendant shall repay the total of KRW 430,000,000 to April 30, 2020.
However, the evidence submitted by the plaintiff alone is insufficient to recognize the same fact, and there is no other evidence to prove it.
2. Thus, the defendant is obligated to pay to the plaintiff losses for delay calculated by the rate of 336,00,000 won as stated in the above loan certificate and the rate of 5% per annum as stipulated in the Civil Act from May 1, 2020 to January 21, 2021, which is the date the judgment of this case was rendered from May 1, 2020 to January 21, 2021, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
Ultimately, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.