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Reasons
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(영문) 청주지방법원 2015.05.14 2014가단10533
대여금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On September 11, 2006, the Plaintiff asserted that KRW 863,00,000 was due and repaid to the Defendant on September 11, 2008, at the interest rate of 10.5% per annum, and at the interest rate of 24% per annum.

On August 31, 2008, the defendant lost the benefit of time by failing to pay interest.

Of the above principal and interest of loan, KRW 863,00,000 of the loan principal was repaid on June 29, 2009, but the total of KRW 186,443,458 and late payment damages based on interest and overdue interest rates were not paid, and the amount of KRW 3,207,67 shall be claimed.

B. Determination 1) In light of the written evidence No. 2 and the witness C’s testimony, the name of the Plaintiff-Appellant was changed to the Plaintiff-Appellant on October 31, 2014.

The plaintiff shall be referred to in all the following:

) On September 11, 2006, this may be recognized that the Defendant lent KRW 863,000,000 to the Defendant (hereinafter “instant loan agreement”).

(2) However, as to whether there was an agreement between the Plaintiff and the Defendant on interest, delay damages, and late payment damages at the time of the loan contract in this case, the Plaintiff sought payment of 863,00,000 won of the loan principal on June 29, 2009 only for the interest, delay damages, and late payment damages. Thus, according to C’s witness’s testimony, it can be acknowledged that the loan interest rate for the loan contract in this case was 10.5% on the information network inside the Plaintiff bank within the scope of the Plaintiff bank within the scope of 2008,00 won for a considerable period of time until 2008, on the other hand, as to whether there was an agreement on interest and late payment damages between the Plaintiff and the Defendant at the time of the loan contract in this case, the loan agreement in this case was written in 1, 2, 4, 5, and 6 (including the serial number; hereinafter the same shall apply).

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