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Reasons
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(영문) 서울중앙지방법원 2017.02.09 2016가단5021080
대여금
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1. The Defendant shall pay to the Plaintiff KRW 104,50,000 and the interest rate of KRW 15% per annum from February 12, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 4, 2011, the Plaintiff respectively lent to the Defendant KRW 100 million (interest KRW 1 million per month) and KRW 6.5 million on June 12, 2012.

B. However, the Defendant paid KRW 18 million to the above KRW 100 million on August 2015, and paid KRW 4 million on July 24, 2012, which is its interest, KRW 201, KRW 2 million on 2012, KRW 2000, KRW 2013, KRW 2014, KRW 3 million on 2014, KRW 8 million on 2015, KRW 19,000 on 2015, KRW 6.5 million on 200,000.

【Ground for recognition】 Each entry in the evidence Nos. 1 and 2-1 and 2-2, the result of an order to submit financial transaction information to KB National Bank to KB National Bank in this Court (as of December 15, 2016 and December 16, 2016), and the purport of the entire pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the amount of principal of KRW 1.1 million [the principal of KRW 82 million (= KRW 100 million - KRW 18 million) interest of KRW 19 million] and the loan of KRW 3.5 million (=6.5 million - KRW 3 million) and damages for delay calculated at the rate of KRW 1.5 million per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 12, 2016 to the date of full payment of the copy of the complaint, as sought by the plaintiff.

B. The Defendant’s assertion 1) The Defendant asserted that each of the above loans is a monetary transaction between husband C and the Plaintiff, but there is no evidence to acknowledge it. The Defendant’s assertion is without merit. 2) The Defendant paid the interest of KRW 1 million each month until September 23, 2014, and the next day was paid KRW 500,000 per month by the Plaintiff, but there is no evidence to acknowledge it. Thus, the Defendant’s assertion is without merit.

3. The defendant asserts that C had already repaid the above loan amounting to 6.5 million won, but there is no evidence to acknowledge it, and the above argument by the defendant is without merit.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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