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Reasons
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(영문) 대구지방법원경주지원 2020.06.24 2019가단3670
대여금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 26, 2019, the Defendant prepared and rendered the following loan certificates to the Plaintiff (hereinafter “instant loan certificates”).

The principal of∑ : 90 million won · The due date for repayment: June 30, 2029: The due date for payment of the principal of the∑ 31 days per month shall lose the benefit of the due date, even if the principal is paid once every month.

In addition, statutory interest shall be paid.

[Reasons for Recognition] Gap evidence No. 1

2. The assertion and judgment

A. On June 26, 2019, the Plaintiff claimed that the Defendant was paid KRW 90,00,000 per annum and KRW 1.00,000 per month as the agreed interest rate was set and lent to the Defendant at 12% per annum. Despite the Plaintiff’s demand for payment over several occasions, the Defendant did not pay up until December 2019. Thus, the Plaintiff asserted that the Defendant lost the benefit of time and sought payment of interest at the rate of KRW 90,00 per annum from June 27, 2019 to 12% per annum.

B. According to the statement of the loan certificate of this case, it is clear that the principal to be repaid by the defendant on the last day of each month is KRW 1 million, and since the principal to be repaid is KRW 90,000,000,000,000,000, the number of installment payments is 90,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

(1) The Plaintiff claimed that the Plaintiff paid 90,000 won to the account in the name of the Plaintiff’s spouse D and 500,000 won from January 1, 2022 to June 2029, the Plaintiff paid 1 million won to the end of each month from June 2019 or from July 2019 to the end of each month: Provided, That the Defendant could inevitably be unable to pay the payment, taking into account the circumstances, the date of the final repayment is written on June 30, 2029. In fact, the Defendant claimed that the Plaintiff paid 10,000 won to the account in the name of the Plaintiff’s spouse D and the Defendant actually claimed that the Plaintiff paid 50,000 won from September 5, 2019. However, the Plaintiff’s assertion that the benefit of time should be lost if so claimed by the Plaintiff.

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