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Reasons
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(영문) 수원지방법원 성남지원 2018.01.19 2017가단13150
대여금
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1. The Defendant: (a) KRW 27,100,000 for the Plaintiff and 4% per annum from June 1, 2017 to January 19, 2018; and (b) the Plaintiff.

Reasons

Plaintiff

Around December 2016, the Plaintiff lent KRW 34,500,000 to the Defendant as well as KRW 27,500,000,000, in terms of attorney fees around January 2017. However, the Defendant paid only KRW 400,000 by the end of May 2017.

Therefore, the defendant is obligated to pay the remainder of the loan to the plaintiff 34,100,000 won and damages for delay.

The fact of finding the claim amounting to KRW 27,500,000 - the Defendant prepared a monetary lending contract (hereinafter “the loan certificate of this case”) to the Plaintiff on February 7, 2017, and the main contents are as follows.

Article 1 (Amount) The Plaintiff lent KRW 24,000,000 to the Defendant.

Article 2 (Interest) The interest on the above loan shall be paid at the rate of 4% per annum.

Article 3 (Period and Method of Performance) Interest shall be paid on the 31st day of each month, and the principal shall be repaid when the defendant won the lawsuit, and where the defendant has failed to win the lawsuit, it shall be repaid on the 3th day from the date of borrowing.

In the following cases, the defendant shall pay the principal and interest at the request of the plaintiff even before the due date:

1. Where the defendant has not paid interest for at least two months;

2. Where the defendant has been subject to seizure or provisional seizure from a third party or has been declared bankrupt;

3. When the plaintiff personally contacts for reasons other than delinquency not less than twice interest, this Agreement shall become null and void.

4. The principal contract shall be void upon the death of the defendant.

Extraordinary: 3,500,000 won for vehicle repair shall be paid to the plaintiff in 200,000 won per month separately from the borrowed amount of KRW 24,00,000.

- The Plaintiff is a person who received KRW 400,000 from the Defendant after preparing the instant loan certificate.

- After drawing up the loan certificate of this case, the Defendant did not pay the principal and interest of the loan to the Plaintiff except for the above 400,000 won, thereby losing the benefit of time pursuant to Article 4 of the loan certificate of this case

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

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