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Reasons
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(영문) 부산지방법원 2019.12.04 2019가합45148
대여금
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1. The Defendant’s KRW 36,610,614 as well as KRW 18% per annum from December 1, 2018 to December 4, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s lending 1) Around September 18, 2015, the Plaintiff, the Defendant’s spouse, is the deceased C (hereinafter “the deceased”).

(1) The loan amounting to KRW 300 million (hereinafter referred to as “loan 1”) with interest, due date for repayment, etc. as stated below.

The defendant entered into a loan agreement with respect to the above loan obligations, and the defendant jointly guaranteed the above loan obligations.

The loan certificate

1. Object: A creditor shall lend a total of KRW 20 million to the debtor on October 15, 2015, KRW 65 million on February 24, 2016, and KRW 300 million on June 20, 2016, to the debtor and shall borrow the loan from the debtor;

(Loan of consumption and lending of money concluded with creditors)

2. Deadline and methods: To repay the principal in full on October 15, 2018;

3. Interest: interest shall be paid at the end of each month at the rate of 18% per annum.

4. The place of performance: The place of performance of an obligation shall be the domicile of the obligee;

5. Damages for delay: If the debtor delays the repayment of the principal and interest, the damages for delay shall be paid to the creditor at the rate of 18% per annum on the delayed principal and interest.

6. Time limit loss: If the obligor falls under any one of the following subparagraphs, he shall naturally lose the benefit within the time limit for the obligation of the borrowed money, and shall repay the remainder in full, even if there is no other notification or peremptory notice from the obligee:

When a bankruptcy, commencement of rehabilitation procedures, or commencement of rehabilitation procedures for a debtor, the debtor: The deceased, the joint guarantor: the defendant, and the creditor; the creditor; the plaintiff paid to the deceased KRW 65 million in total from September 18, 2015 to October 30, 2015, the sum of KRW 200,000,000 calculated by subtracting the interest of KRW 6 million from the prepaid interest of KRW 200,000 (from September 18, 2015 to November 17, 2015; ② from December 4, 2015 to February 24, 2016; and ③ from June 30, 2016 to KRW 5,000,000 after deducting the interest of KRW 500,000,000,000,000 from each of the above lending agreements.

B. The Plaintiff’s loan to the Defendant is against the Defendant around January 9, 2017.

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