(영문) 부산지방법원 동부지원 2018.10.25 2018가합105124

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(영문) 부산지방법원 동부지원 2018.10.25 2018가합105124

대여금

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1. The Defendant: (a) KRW 4,000,000,000 for the Plaintiff and 4% per annum from February 26, 2017 to April 30, 2018; and (b) May 2018 for the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 5 as to the cause of the claim, the plaintiff paid to the defendant interest of KRW 4 billion per annum from May 21, 2015, KRW 1 billion from May 26, 2015, KRW 200 billion from February 25, 2016, KRW 4 billion from February 25, 2016, and KRW 4 billion from each lending date (4% per annum from each lending date, and simultaneous repayment on the first day from each lending date). ② The defendant paid to the plaintiff on February 25, 2017, interest of KRW 4 billion per annum from each lending date to February 25, 2017, ③ the defendant changed the principal and interest of the loan to the plaintiff on May 5, 2017, and if it fails to repay all the loan to the plaintiff at the annual interest rate of 20% thereafter, it shall be repaid.

4. The defendant does not pay to the plaintiff the interest accrued from February 26, 2017 or delay damages incurred from the loan principal amounting to KRW 4 billion.

According to the above facts, the defendant is obligated to pay to the plaintiff interest calculated by the rate of 4% per annum, which is the rate of interest rate of 4% per annum, from February 26, 2017, which was the date of payment of the principal and interest of the loan changed from February 26, 2017 to April 30, 2018, which was the date of payment of the principal and interest of the loan, and to pay damages for delay calculated by the rate of 20% per annum, which is the rate of interest rate from May 1, 2018 to the date of full payment.

2. The defendant's assertion that the defendant raised an objection against the application for the payment order of this case (Jinsan District Court Decision 2018Hu30930 decided Feb. 1, 201), but the defendant was absent from office on the date of pleading without submitting the specific reasons and evidence thereof. Thus, the defendant's objection is without merit.

3. The plaintiff's claim is justified and it is so decided as per Disposition.

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