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Reasons
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(영문) 부산지방법원 2017.01.19 2016가단350620
대여금
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1. The Defendant’s KRW 23,244,00 as well as the Plaintiff’s annual rate of KRW 5% from October 17, 2016 to October 20, 2016.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-3.

The Plaintiff, as the Defendant’s deposit account in the Defendant’s name C, remitted each of the KRW 10 million on April 17, 2013, and KRW 10 million on April 19, 2013 (the Defendant alleged to the effect that he was transferred KRW 8.8 million after deducting interest on the day, but such assertion is not acceptable).

B. On April 17, 2013, the Defendant: (a) borrowed KRW 20 million from the Plaintiff with respect to the amount of remittance (hereinafter “the instant loan”); and (b) drafted a loan certificate stating that the Plaintiff would repay the said amount by October 17, 2013.

1. To pay a court deposit of KRW 10 million to A, if any;

(2) At the new auction of D, the amount of KRW 20 million out of KRW 38 million shall be paid to A.

(Provided, That in the case of the first priority, if there is less money, A, and E, if there is less money. It shall be arranged at a total of KRW 30 million with A and debt-related relations.

C. On August 18, 2016, the Defendant drafted a written confirmation (hereinafter “instant confirmation”) with the following content to the Plaintiff.

2. The assertion and judgment

A. A. On April 17, 2013, the Plaintiff: (1) on April 17, 2013, determined the monthly interest rate of KRW 300,000 (1.5%) and the due date for repayment on October 17, 2013 to the Defendant.

The Defendant paid the Plaintiff KRW 2.9 million as interest on the instant loan, around October 2014, and KRW 3.1 million around August 10, 2016, respectively, and paid the Plaintiff KRW 400,000,000 thereafter.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 23,24,00 out of KRW 2,620,000 after deducting the interest payment from KRW 1,260,000 for 42 months from April 17, 2013 to October 16, 2016, the interest payment of KRW 6.4 million.

(2) The Defendant’s interest on the instant loan to the Plaintiff is KRW 3.2 million per month from April 17, 2013 to August. 3.200, respectively.

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