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(영문) 춘천지방법원 2014.12.24 2014가단9628
대여금
Text

1. The Defendant: (a) KRW 76,00,000 for the Plaintiff and 12% per annum from January 1, 2013 to October 13, 2014; and (b) thereafter, for the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

(a) The facts following the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, and 3 (including paper numbers) by integrating the purpose of the entire pleadings.

(1) The Plaintiff respectively lent to the Defendant KRW 30 million, KRW 30 million on May 3, 201, KRW 17 million on May 11, 201, and KRW 13 million on May 12, 201.

(2) The Defendant used the borrowed money from the Plaintiff as funds related to the construction of a new building on the ground located in Gangwon-gun C, the name of the Defendant.

(3) On December 31, 2012, the Defendant prepared and delivered to the Plaintiff a loan certificate with respect to the said loan amount of KRW 76 million, interest rate of KRW 12% per annum, and the due date of repayment until May 30, 2013.

B. According to the above facts of determination, the contents of the loan certificate of this case are calculated by settling the existing loan amount, interest, etc., and agreed at the new loan principal. It is deemed that the plaintiff and the defendant entered into a quasi-loan agreement that remains effective with maintaining the identity of the existing debt. Thus, the defendant is liable to pay the plaintiff 76 million won and the agreed interest thereon or delay damages. Thus, the plaintiff's claim is justified.

Therefore, the defendant is obligated to pay to the plaintiff 76,00,000 won with interest rate of 12% per annum from January 1, 2013 to October 13, 2014, and damages for delay calculated at the rate of 20% per annum from the following day to the day of full payment, which is clear that the original copy of the instant payment order was served on the defendant.

2. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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