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(영문) 전주지방법원 2019.08.08 2018나9299
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. On October 31, 2016, the Plaintiff asserted that: (a) on October 31, 2016, the Plaintiff made a loan to the Defendant by setting the due date as of December 30, 2016 without setting interest on KRW 3 million.

In addition, on October 31, 2016, the Plaintiff, under the Defendant’s joint and several sureties, set the due date as December 30, 2016 without paying interest on KRW 3 million to C.

Therefore, the defendant is obligated to pay to the plaintiff the above sum of 6 million won and damages for delay.

2. The following facts and circumstances that can be acknowledged in the statement of evidence Nos. 1 through 6 added to the purport of the entire pleadings, namely, the Defendant: (a) prepared and delivered to the Plaintiff a certificate of borrowing KRW 3 million from the Plaintiff on October 31, 2016, setting the due date for repayment as of December 30, 2016; and (b) the Defendant arranged joint and several surety when borrowing KRW 3 million from the Plaintiff on October 31, 2016 by determining the due date for repayment as of December 30, 2016.

However, the money remitted by the Plaintiff to the Defendant and C on October 31, 2016 is merely KRW 2.7 million each, and thus, the money borrowed by the Defendant from the Plaintiff and the money for joint and several sureties is KRW 2.7 million each, respectively.

(A) The Plaintiff asserts that, while lending KRW 3 million to the Defendant and C, he remitted KRW 2.7 million to the Defendant and paid KRW 3 million in cash the remainder of KRW 3 million. However, there is no evidence to prove that the Defendant paid KRW 3 million in cash to the Plaintiff. Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of KRW 1.5% per annum as prescribed by the Civil Act from January 16, 2018, which is the due date for the payment of the above loan and the guaranteed liability, until July 21, 2018, which is the delivery date of the copy of the complaint of this case, from the date of the delivery of the copy of the complaint of this case, until July 21, 2018, and from the following day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is without merit.

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