(영문) 전주지방법원 2020.08.12 2019가단32295

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(영문) 전주지방법원 2020.08.12 2019가단32295

대여금

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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 12% per annum from December 27, 2019 to the date of full payment.

Reasons

1. According to the evidence evidence Nos. 1 and 2, the Plaintiff may recognize the fact that on October 1, 2019, the Plaintiff loaned KRW 40 million to the Defendant at the rate of 24% per annum until November 30, 2019, respectively.

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 40 million won and damages for delay calculated at the rate of 12% per annum from December 27, 2019 to the day of full payment, as claimed by the plaintiff, from the day following the day of service of the complaint to the day of full payment.

B. The Defendant’s assertion 1) The Defendant is the loan certificate No. 1 (hereinafter “the loan certificate of this case”).

) The Plaintiff unilaterally stated the repayment date on November 30, 2019, although the due date was the blank, and the Plaintiff unilaterally stated the repayment date on November 30, 2019. The Plaintiff and the Defendant asserted that the due date agreed upon has not yet arrived. 2) According to the health account and the evidence No. 1, the loan certificate in this case is written as the other party, with the exception of the amount column and the due date, the remainder of the loan certificate in this case is supplemented by the amount column and the due date, and the Defendant signed and sealed on the debtor column of the loan certificate in this case.

As long as the Defendant signed and sealed the instant loan certificate, it is presumed that the Defendant signed and sealed the instant loan certificate with the completion of the entire content of the loan certificate. As such, the fact that the date for repayment of the instant loan certificate was blank at the time when the Defendant signed and sealed the instant loan certificate shall be proven by the Defendant, and the Defendant is not obliged to submit all evidence supporting such fact.

The defendant's argument is without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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