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(영문) 부산지방법원서부지원 2020.10.14 2020가단3787
대여금
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The defendant shall pay 50,00,000 won to the plaintiff and 20% per annum from May 1, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 23, 2013, the Plaintiff’s agent C and the Defendant drafted a notarial deed (No. 158 of 2013, a notary public’s law office) on the following terms.

§ 1 (Defendant) borrowed from the creditor (Plaintiff) the amount of KRW 50 million on January 23, 2013, the Notarial Deed of the Debt Repayment Contract. The debtor under Article 2 (Time-Limit and Method of Performance) is the debtor, as of April 30, 2013, the amount of this obligation is KRW 15 million on April 30, 2013;

7. The repayment rate shall be 15 million won in 30.30,000 won in 10.30,000 won in 10.30,000 won in 30.30,000 won in 10.30,000 won in 4 installments in the same year.

Article 5 (Compensation for Delay) When the debtor delays the repayment of the above amount, damages for delay shall be paid to the creditor at the rate of 20% per annum to the delayed amount.

Article 6 (Loss of Maturity) If an obligor falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit of time for the above obligation and immediately repay all of the remainder of the obligation, even without any notification or peremptory notice from the obligee:

1.-2. Omitted

3. If the obligor delays the payment of the installment even once;

B. The Defendant did not pay the Plaintiff the installment payment under the instant debt repayment contract.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant was unable to pay the installment payments under the debt repayment contract of this case and lost the benefit of time. Thus, the defendant is obligated to pay to the plaintiff 50 million won and damages for delay calculated at the rate of 20% per annum as stipulated in the debt repayment contract of this case from May 1, 2013 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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