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Reasons
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(영문) 광주고등법원 2019.08.30 2018나24379
약정금
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1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The Defendant shall pay KRW 9,300,000 to the Plaintiff and its related costs on January 2018.

Reasons

1. Indication of claim;

A. On April 28, 2017, the Defendant: “Around April 28, 2017, the Defendant immediately repaid the loan amount of KRW 1.5 million to the optical phone, and paid the loan amount of KRW 6,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

B. On June 1, 2017, the Defendant opened a door to close the door of the amusement room. In Daejeon, the Defendant stated that “If the Plaintiff loans KRW 1 million as the money was immediately paid to the Plaintiff, the insurance premium for which the Plaintiff joined will be paid well and three additional interests will also be paid.” On the same day, the Plaintiff was the head of H, the Defendant’s wife, and KRW 4.2 million as the head of I, the Defendant’s wife, and KRW 5 million as the head of R, the Defendant’s wife, and KRW 5 million as the head of R, the Defendant’s other creditors, and lent KRW 9.7 million as the Defendant deducted the interest of the Defendant.

C. On June 13, 2017, the Defendant: (a) sent the Plaintiff KRW 18.6 million (no interest agreement, and the maturity date on August 10, 2017) to the Defendant’s head of the Defendant’s wife and lent the Plaintiff KRW 18.6 million (or KRW 20 million) calculated by deducting the interest accrued on the same day from the Plaintiff’s head of the Tong, as the Plaintiff’s head of the Tong would have retired from office due to the lack of good equipment for the entertainment; and (b) the Plaintiff would have paid the Plaintiff the entire amount of money borrowed by the Plaintiff as three copies per day.

On June 23, 2017, the Defendant lent to the Defendant the amount of KRW 29,100,000 (this rate is 36% per annum, due date on August 31, 2017) that the Plaintiff would receive KRW 400,000,000 from Daegu, and promptly would repay the entire principal and interest of the loan before.

E. Therefore, the Defendant (i.e., KRW 66.7 million) to the Plaintiff (=9.3 million won ( April 28, 2017).

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