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(영문) 울산지방법원 2014.12.03 2014나1928
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 10,000,000 as well as to the plaintiff on April 2013.

Reasons

1. Basic facts

A. The Plaintiff lends 10 million won to the Defendant on April 200, and 20 million won on July 22, 2000, respectively, to the Defendant on July 22, 2000, respectively. The Plaintiff borrowed 30 million won on July 22, 200 with the Defendant on July 22, 200.

If necessary, one month prior to such contact;

(b) A loan certificate stating that “the loan certificate of this case” (a certificate No. 1; hereinafter “the loan certificate of this case”) was written, and on October 30, 2006, additionally lent KRW 10 million to the Defendant. (b) The Defendant, from May 29, 200 to July 28, 2000, remitted KRW 200,000 to the Plaintiff’s deposit account each month from August 28, 200 to July 28, 2003 (the remittance of KRW 80,000,000) from August 28, 200 to July 28, 2003, respectively, transferred KRW 150,000 (the date of the loan of this case from September 30, 2002 to July 28, 2003) to the Plaintiff’s deposit account from July 28, 2005 to June 31, 2005.

[Ground of recognition] Facts without dispute, Gap 1, 2, Gap 3's evidence 1, 2, Gap 5, Eul 2 and 3's evidence, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff lent 10 million won to the defendant on April 2, 200 and 20 million won on July 22, 2000, respectively, and agreed with the defendant on July 22, 2000 that the interest for the above 30 million won should be 1.5% per month. On October 30, 2006, the plaintiff lent 10 million won to the defendant as interest rate 2% per month. The defendant is obligated to pay the above loan 40 million won to the plaintiff and interest or delay damages thereon.

B. The Defendant borrowed KRW 40 million from the Plaintiff but did not enter into an agreement on interest at the time of borrowing. The Defendant paid to the Plaintiff in installments each month the amount of KRW 450,000 or KRW 200,000 per month, thereby repaying all the Defendant’s debt to the Plaintiff. The portion on the date of the instant loan certificate was altered, and the amount of KRW 30,000,000 borrowed around 200 out of the loan certificate was altered.

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