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Reasons
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(영문) 대전지방법원 2017.07.19 2016가합1872
대여금
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1. Defendant B shall pay 37,700,000 won to the Plaintiff and 25% per annum from October 29, 2015 to the date of full payment.

Reasons

1. Basic facts

A. Defendant C Incorporated Partnership (hereinafter “Defendant Company”) is a company established for the purpose of joint purchase of farmland and joint work, etc., and Defendant B is an executive of the Defendant Company.

B. From May 14, 2015 to June 25, 2015, the Plaintiff remitted total of KRW 63,000,000 to the Defendant Company for a total of 13 occasions.

C. Defendant B asserted that Defendant B drafted a certificate of money borrowed (Evidence A) after December 19, 2015, but Defendant B did not state the money paid to the Plaintiff between July 28, 2015 and December 19, 2015. In light of the fact that the said certificate of money borrowed was written from July 28, 2015 to June 28, 2017, it is reasonable to deem that the said certificate of money borrowed was written before July 28, 2015.

The Plaintiff prepared and delivered a plan for repayment of funds (No. 7) and a certificate of money borrowed (No. 1; hereinafter “certificate of money borrowed”) as follows.

Financial Repayment Plan

1. Amount borrowed from funds: Total amount of KRW 225,00,000;

2. A period for repayment of funds (total 24 months) - The principal shall be repaid within 24 months from the term of the contract - the date of payment shall be the 28th day of each month.

3. From July 2015 to December 2015, the repayment period of KRW 10,00,000 per month, from January 2016 to March 2017, the amount of KRW 9,048,00 per month, from April 2017 to June 2017, the certificate of KRW 9,0760,00 per month - the total amount of the repayment amount of KRW 225,00,000 - the principal (including interest) repayment period of KRW 24 months.

-The payment date shall be the 28th day of each month.

- the repayment period from July 28, 2015 to June 28, 2017 - in the event that the repayment is in arrears for not less than two months, the obligor’s obligation shall lose the benefit of the time and, at the obligee’s request, shall pay in cash the entire obligation immediately.

From July 28, 2015 to December 19, 2015, a total of KRW 25,300,000 was remitted to the Plaintiff on five occasions during the period from July 28, 2015 to December 19, 2015 as follows:

- - July 1, 2015

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