(영문) 서울북부지방법원 2015.04.28 2014나4062

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(영문) 서울북부지방법원 2015.04.28 2014나4062

대여금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Determination as to the cause of claim

A. On January 14, 2005, the Plaintiff asserted that the Plaintiff leased KRW 35 million to the Defendant, and received a promissory note with a face value of KRW 35 million as of January 10, 2006 due date from the Defendant. The Plaintiff received KRW 2 million on March 7, 2014 and KRW 10 million on April 10, 2014.

Therefore, around this point, 35 million won loaned to the defendant and damages for delay are claimed. However, the above repayment amounting to 12 million won from January 11, 2006 to November 19, 2012 is claimed from November 20, 2012, which is the day following the day appropriated for the interest from November 20, 2012.

Preliminaryly, if it is recognized that the Defendant made hot springing KRW 5 million to the Defendant, this would result in a reduction of KRW 5 million out of KRW 35 million, and the Defendant’s payment of KRW 30 million from March 17, 2014 to May 13, 2014 should be appropriated for interest of KRW 6% per annum from January 15, 2005. Thus, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 17,684,125, and damages for delay thereof, which remain as of April 7, 2015.

B. Although there is no dispute between the parties to the judgment as to the cause of the claim, or comprehensively taking account of the overall purport of the argument as to Gap evidence No. 1, the plaintiff settled a loan to the defendant from around 1995 to January 14, 2005 with the defendant as the loan amounting to 35 million won (hereinafter "the loan of this case") and the defendant as of January 10, 2006, and delivered a promissory note (hereinafter "the promissory note of this case") with a face value of 35 million won as of January 10, 206. According to the above facts of recognition, the promissory note of this case is issued and issued for the purpose of securing the plaintiff's above loan claim, and thus, it is deemed that the loan claim of this case, which is the cause of the claim of the plaintiff, is secured within the scope of its face value.

Thus, the defendant, unless there are special circumstances.

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