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(영문) 울산지방법원 2018.12.12 2018가단66229
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 24% per annum from April 21, 2018 to the day of complete payment.

Reasons

1. The portion of a claim for a loan: The Plaintiff lent to the Defendant KRW 30 million on November 9, 2017, and KRW 50 million on February 23, 2018, an additional KRW 20 million on February 23, 2018, and there is no dispute between the parties that the Plaintiff was issued and delivered the certificate of loan determined at the rate of 6% per month on April 20, 2018 and the due date of 12 months after the due date.

Thus, the defendant is obligated to pay to the plaintiff the above 50 million won and interest calculated at the rate of 24% per annum from April 21, 2018 to the date of full payment, as the plaintiff seeks.

The plaintiff's claim for this part is accepted on the ground of the reasons.

2. The plaintiff asserts the part of claim for damages as follows.

In other words, on February 2018, the plaintiff requested the defendant to pay the above loan amounting to KRW 260 million and the inheritance tax is imposed if the plaintiff did not pay the loan in time on the ground of the payment of inheritance tax, and the defendant confirmed that he would be responsible for the portion of the penalty surcharge if the loan is not paid by the agreed date, and accordingly, the defendant separately prepared and delivered a certificate of loan of KRW 50 million in the sense that he would be liable for the penalty surcharge of KRW 50 million as of April 20, 2018.

However, the Plaintiff did not pay inheritance tax.

There is no evidence that the Plaintiff caused damage by imposing a penalty surcharge of KRW 50 million on the Plaintiff.

Ultimately, the defendant shall be deemed to have drawn up the loan certificate in this part by the plaintiff's words or mistake, and the defendant may cancel the above declaration of intent on the ground of this.

Since the fact that the defendant's written reply dated September 21, 2018, stating the above purport, was delivered to the plaintiff on September 21, 2018, the defendant's intent to pay KRW 50 million was finally revoked.

The defendant is not obligated to pay the above KRW 50 million to the plaintiff.

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