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Reasons
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(영문) 서울서부지방법원 2017.04.20 2016가합1724
대여금
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1. The Defendant shall pay the Plaintiff KRW 400,000,000 and the interest rate of KRW 15% per annum from April 12, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. Upon the Defendant’s request, the Plaintiff borrowed KRW 45 million from the Seoul Credit Guarantee Foundation to the Defendant on July 1, 2003, and lent KRW 45 million to the Defendant on July 1, 2003. Upon the Defendant’s request, the Plaintiff leased KRW 49.55 million to the Defendant on January 30, 2009.

B. In addition, the Plaintiff lent a total of KRW 16 million to the Defendant over five occasions, as described in Table 1, on the following grounds that the Plaintiff would be awarded a contract for the advertising company C operated by the Plaintiff, and the Plaintiff’s spouse would be appointed as a professor, as described in Table 2: (a) lent a total of KRW 16 million to the Defendant on nine occasions, such as the Plaintiff’s spouse, and on March 10, 2014, the Defendant’s management company set up a collateral security right on the Plaintiff’s real estate and lent KRW 210 million to the Defendant in order to develop the development project conducted in Note D, the Plaintiff’s company operated by the Defendant on March 10, 2014.

The amount of the sequence 10,00,000 on June 2, 2009 2.22, 201. 180,000 won on November 22, 2011; 3.50,000 won on December 7, 2011; 4.150,000 won on January 21, 2013; 50,000 won on January 30, 2013; 1.30,000 won on February 18, 2013; 1.30,000,000 won on February 18, 2013; 1.30,00,000 won on February 19, 2013; 1.30,000,000 won on March 10, 2013; 1.3.0,000 won on May 30, 2013;

C. On February 28, 2014, the Defendant agreed to pay to the Plaintiff KRW 400,000,000,000,000, including interest and commission for each of the above loans, until February 28, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 5 and 9, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 12, 2016 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order, as the Plaintiff seeks.

3. Defendant’s assertion and judgment

A. The defendant's assertion.

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