(영문) 의정부지방법원 2018.09.07 2018가합50260

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(영문) 의정부지방법원 2018.09.07 2018가합50260

대여금

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1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 12% per annum from February 1, 2015 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

A. 1) Around 2003, the Plaintiff lent KRW 250,000 to the Defendant. 2) The Defendant has paid KRW 2,500,000 per month to the Plaintiff as interest.

3) On July 29, 2013, the Defendant confirmed that the Plaintiff borrowed KRW 250,000,000 to the Plaintiff around 2003, and prepared a written statement of payment promising to repay all principal and interest by December 30, 2013. (4) On July 23, 2014, the Defendant drafted a written confirmation to the Plaintiff, promising to repay the said loan by December 30, 2014.

5) On July 17, 2015, the Defendant issued a written agreement to sell the land owned by the Plaintiff and to promise to repay the said borrowed money by December 30, 2015. [The fact that there is no dispute over the grounds for recognition, entry of A evidence No. 1, and the purport of the entire pleadings]

B. As above, in full view of the fact that the Defendant paid KRW 2,50,000,00, which is 1% of the loan 250,000 to the Plaintiff as monthly interest, and that the Defendant written a written promise to repay all principal and interest to the Plaintiff, it is reasonable to deem that the agreement was explicitly concluded between the Plaintiff and the Defendant to pay interest equivalent to 1% (12% per annum) on the loan.

In addition, it is apparent that the date of the loan that the Defendant promised to the Plaintiff on several occasions has been set up.

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 12% per annum from February 1, 2015 to the date of full payment, which is the agreement, after the time when the Plaintiff was paid interest on the borrowed amount of KRW 250,000,000 and the interest thereon.

2. The defendant's defense is proved that the defendant paid KRW 50,000,000 out of the borrowed money to the plaintiff.

According to the evidence No. 1, it is recognized that the defendant remitted 50,000,000 won to the plaintiff on May 12, 2014.

However, the plaintiff is the plaintiff.

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