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(영문) 울산지방법원 2017.08.09 2017가합22014
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 418,00,000 as well as KRW 341,00,000 among them, from April 13, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff loaned a total of KRW 341,00,000 to the Defendant several times from February 2, 2013 to February 2016.

B. On September 22, 2016, the Defendant drafted and issued to the Plaintiff a certificate of borrowing that “I, on the basis of the foregoing loan and interest, borrowed the above amount in full from the Plaintiff and repaid it until December 31, 2016, and in the event of the violation, I swear I will accept any civil and criminal legal punishment.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Plaintiff lent KRW 341,00,000 to the Defendant, and the Defendant agreed to pay the Plaintiff the total amount of KRW 418,000,000 to the Plaintiff by December 31, 2016.

Therefore, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from April 13, 2017 to the date of full payment, as the Plaintiff seeks, with respect to KRW 418,00,000, the total sum of the principal and interest of the above loan, and KRW 341,00,000,00 of the loan principal.

3. The Defendant’s argument regarding the Defendant’s assertion argues that, around March 31, 2017, the Plaintiff had suspended the repayment period of the loan by December 31, 2017, by granting to the Defendant a re-written loan certificate stating that the repayment period of KRW 418,00,000 shall be changed to December 31, 2017. However, there is no evidence to acknowledge the repayment period.

Therefore, the defendant's above assertion is without merit.

4. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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