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Reasons
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(영문) 서울동부지방법원 2018.05.30 2017가단133179
대여금
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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts recognized;

A. On November 11, 2004, the Defendant prepared a letter of payment stating that the Defendant shall pay to the Plaintiff KRW 19,600,000 of the principal amount of the Defendant’s prepaid obligation, KRW 2,00,000 of interest, and KRW 33,20,000 of the Defendant’s prepaid obligation guaranteed by the Defendant in monthly installments.

B. Around 2006, the Plaintiff filed a lawsuit against the Defendant for a loan claim as Seoul Eastern District Court 2006Kadan73899 on the basis of the above payment rejection letter.

On November 28, 2006, the court rendered a ruling that "the defendant shall pay to the plaintiff 30,950,000 won with 20% interest per annum from November 15, 2006 to the date of full payment" (hereinafter "the judgment of this case").

The above judgment was finalized as it is.

C. On August 2009, the Plaintiff agreed to pay C and debt amount of KRW 8,00,000,000, and received all the said money from C from September 2009 to April 17, 2011.

On August 27, 2011, the Plaintiff and the Defendant determined the debt amount as KRW 40,00,000 in connection with the instant judgment amount. The Defendant shall pay the Plaintiff the said money in 40 times each month from September 26, 201 to September 1, 200, and the Defendant shall pay the Plaintiff the said money in 15,960,000 won for delay if the payment is in arrears at least twice. If the payment is in arrears, 15,960,000 won for delay shall be additionally paid, and if the money is deposited in C, the portion shall be deducted (hereinafter “instant payment note”).

At the time, the defendant was unaware of the fact that C’s debt was repaid.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4 evidence, Eul 1 and 3 evidence, the purport of the whole pleadings

2. The plaintiff's ground of claim

A. The Plaintiff received KRW 2,00,000 from the Defendant before the judgment of this case, and thus the principal of the obligation is KRW 28,950,00 (the judgment amount is KRW 30,950,000) and the damages for delay calculated by the rate of KRW 20 per annum from November 28, 2006 to August 1, 2009 is 15,910,027 (the first damages for delay).

(b).

C.

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