(영문) 부산지방법원 2020.10.14 2020가합41791

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(영문) 부산지방법원 2020.10.14 2020가합41791

대여금

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1. As to KRW 842,143,00, among the Plaintiff, and KRW 500,000,000, the Defendant shall annually pay to the Plaintiff the annual amount from December 10, 2015 to March 9, 2020.

Reasons

Judgment on the Grounds of Claim

A. In fact, the Plaintiff loaned KRW 500,000,000 to the Defendant on December 10, 2010 (hereinafter “instant loan agreement”), and set the due date on December 9, 2015, and set the interest rate for arrears at 8.5%, which is the 1st month of the public notice by the National Tax Service at that time. On December 3, 2012, the Plaintiff loaned KRW 342,143,000 (hereinafter “instant loan agreement”) additionally, on December 3, 2012, determined the due date on December 9, 2015; and at that time, the interest rate for arrears was 6.9% per month of the 1st month of the public notice by the National Tax Service at that time.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, the purport of the whole pleadings

B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 842,143,00 won in total and 500,000 won in total from December 10, 2015 to March 9, 2020 with 8.5% per annum as stipulated in the loan agreement of this case as to 342,143,00 won from December 10, 2015 to March 9, 2020 on the record that it is clear that the delivery date of a copy of the complaint of this case is the delivery date of a copy of the complaint of this case from December 10, 2015 to March 9, 2020 on the record that it is clear that the delivery date of a copy of the complaint of this case is 6.9% per annum as stipulated in the loan agreement of this case, and damages for delay calculated by 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. As to the judgment of the defendant's assertion, the defendant alleged that it cannot be repaid due to the lack of current economic circumstances, but the above circumstance alone does not make the plaintiff's legal claim rejected.

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

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